SVENSON v. MUTUAL LIFE INS. CO. OF NEW YORK

No. 10742.

87 F.2d 441 (1937)

SVENSON et al. v. MUTUAL LIFE INS. CO. OF NEW YORK.

Circuit Court of Appeals, Eighth Circuit.

January 27, 1937.


Attorney(s) appearing for the Case

Gale B. Braithwaite, of Sioux Falls, S. D. (James O. Berdahl and U. S. G. Cherry, both of Sioux Falls, S. D., on the brief), for appellants.

M. T. Woods, of Sioux Falls, S. D. (J. H. Voorhees, T. M. Bailey, and Roswell Bottum, all of Sioux Falls, S. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and BOOTH, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal from a judgment entered upon a directed verdict for defendant in an action to recover double indemnity for accidental death under a $10,000 policy of life insurance payable to the estate of the insured.

Olander Benson was the insured. He died February 22, 1934. His executors claimed double indemnity on the ground that his death was accidental under the terms of the policy. The company paid the face of the policy, denying...

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