GAMER v. NEW YORK LIFE INS. CO.

No. 7392.

76 F.2d 543 (1935)

GAMER v. NEW YORK LIFE INS. CO. SAME v. PRUDENTIAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Ninth Circuit.

April 5, 1935.


Attorney(s) appearing for the Case

Carl J. Christian and William Meyer, both of Butte, Mont., for appellant.

Kremer, Sanders & Kremer, J. Bruce Kremer, L. P. Sanders, and Alf. C. Kremer, all of Butte, Mont., for appellee Prudential Ins. Co.

W. D. Kyle and Charles R. Leonard, both of Butte, Mont., for appellee New York Life Ins. Co.

Before WILBUR and DENMAN, Circuit Judges.


WILBUR, Circuit Judge.

These actions were brought to recover double indemnity provided by life insurance policies in the event the insured died as result of accident. The insurance companies admitted liability for the face of the policies, but contended that the insured committed suicide. The trial judge instructed the jury to find in favor of the insurance companies upon this issue. The question for our consideration is whether or not the death of the insured can...

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