MULLANEY v. PRUDENTIAL INS. CO. OF NORTH AMERICA

No. 10012.

125 F.2d 900 (1942)

MULLANEY v. PRUDENTIAL INS. CO. OF NORTH AMERICA.

Circuit Court of Appeals, Fifth Circuit.

February 26, 1942.


Attorney(s) appearing for the Case

E. F. P. Brigham and Harold Kassewitz, both of Miami, Fla., for appellant.

L. S. Julian, of Miami, Fla., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

Charles Mullaney, appellee's insured, was shot and killed on November 3, 1939, in Miami, Florida. The only question for decision is whether his death was effected solely through violent, external, and accidental means within the double indemnity provisions of his policy. The cause was tried by the court without a jury, and resulted in a judgment for the appellee.

On the night of his death Mullaney had been drinking heavily. He attended...

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