NEW YORK LIFE INS. CO. v. TAYLOR

No. 9205.

158 F.2d 328 (1946)

NEW YORK LIFE INS. CO. v. TAYLOR.

United States Court of Appeals District of Columbia.

Decided December 9, 1946.


Attorney(s) appearing for the Case

Mr. Francis M. Shea, of Washington, D. C., with whom Messrs. John Spalding Flannery, G. Bowdoin Craighill and A. Murray Preston, all of Washington, D. C., were on the brief, for appellant.

Mr. Lowry N. Coe, of Washington, D. C., for appellee.

Before GRONER, Chief Justice, and EDGERTON and WILBUR K. MILLER, Associate Justices.


PER CURIAM.

This case was first decided by us in 1944 and again on rehearing as to one point in January, 1945.1 On our remand to the United States District Court there was a second trial and, as on the first, a verdict and judgment for the plaintiff.

The action was brought under the double indemnity clause of an insurance policy, after the face amount had been paid. The Company defended on the ground that the death was not accidental...

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