Aubuchon v. Metropolitan Life Ins.
Court of Appeals for the Eighth Circuit
1DissentMoore, District Judge
I concur for the reason that the evidence clearly supports the finding that there was no “accidental means” in this case within the definition laid down by the Supreme Court of Missouri in Cleaver v. Central States Life Ins. Co., 346 Mo. 548, 142 S.W.2d 474, 129 A.L.R. 1094. Deceased took a handful of veronal tablets, with the evident intention of doing exactly that and with full knowledge of what he was doing. Regardless of the foreseen or unforeseen consequences of that act, the act itself does not fit the definition of “accidental means” applied by the Missouri courts, and for that reason…
2Cases cited3 opinions
- Dezell v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Cleaver v. Central States Life InsuranceSupreme Court of Missouri · 1940
- Dixon v. Travelers Protective Ass'n of AmericaMissouri Court of Appeals · 1938