Commonwealth Life Ins. Co. v. Clarke

Opinion of the Court by

Judge Rees

Reversing.

Lucinda Clarke, the beneficiary named in a $1,000 life insurance policy issued on September 30, 1933, by the Commonwealth Life Insurance Company to Shelby Clarke, brought this action to recover on the policy. In her petition she alleged that on May 7, 1934, while the policy was in full force and effect, Shelby C. Clarke was accidentally or intentionally shot and killed by some unknown person and that due proof of such death was filed with the defendant company, but that it had failed and refused to pay to her, as beneficiary under the policy, the sum…