McREYNOLDS v. NEW YORK LIFE INS. CO.

No. 12000.

122 F.2d 895 (1941)

McREYNOLDS v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

October 17, 1941.


Attorney(s) appearing for the Case

Orrillis E. Shultz, of St. Joseph, Mo. (Stephen K. Owen, of St. Joseph, Mo., on the brief), for appellant.

Richard S. Righter, of Kansas City, Mo. (Horace F. Blackwell, Jr., of Kansas City, Mo., F. H. Pease, of New York City, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, of Kansas City, Mo., on the brief), for appellee.

Before SANBORN and JOHNSEN, Circuit Judges, and NORDBYE, District Judge.


SANBORN, Circuit Judge.

The question presented by this appeal is whether, under the law of Missouri, a contract of accident insurance issued in that State to a citizen of that State, which expressly excluded from coverage death caused by the inhaling of gas, nevertheless covered such a death if the gas was voluntarily inhaled by the insured while insane.

The appellant is the beneficiary named in two identical life insurance policies issued to Glenwood E. McReynolds...

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