ÆTNA LIFE INS. CO. OF HARTFORD v. SMITH

No. 5020.

19 F.2d 140 (1927)

ÆTNA LIFE INS. CO. OF HARTFORD, CONN., v. SMITH.

Circuit Court of Appeals, Fifth Circuit.

May 4, 1927.


Attorney(s) appearing for the Case

Frank Dominick and Jelks H. Cabaniss, both of Birmingham, Ala. (Cabaniss, Johnston, Cocke & Cabaniss and Stokely, Scrivner, Dominick & Smith, all of Birmingham, Ala., and Bryan & Middlebrooks, of Atlanta, Ga., on the brief), for plaintiff in error.

Leroy P. Percy, of Birmingham, Ala. (Percy, Benners & Burr, of Birmingham, Ala., on the brief), for defendant in error.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.


BRYAN, Circuit Judge.

This is an action on an accident insurance policy, a clause of which provides for the payment of double indemnity "if the injuries causing the loss are sustained by the insured * * * by reason and in consequence of the burning of a building while the insured is therein." The insured, Norris N. Smith, died as the result of burns received in a fire which occurred in his garage. The plaintiff is his widow and beneficiary under the policy. She collected...

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