BROOKS v. PROVIDENT LIFE & ACCIDENT CO.

Nos. 423, 429.

76 F.Supp. 949 (1948)

BROOKS v. PROVIDENT LIFE & ACCIDENT CO. SAME v. LOCOMOTIVE ENGINEERS MUT. LIFE & ACCIDENT INS. ASS'N.

District Court, E. D. Texas

April 22, 1948.


Attorney(s) appearing for the Case

Freels & Elliott, of Sherman, Tex., for Provident Life & Accident Co., and Freeman, Wolfe, Keith & Milam, of Sherman Tex., for Locomotive Engineers Mutual Life & Accident Ins. Ass'n, for the motion.

Gullett & Gullett, of Denison, Tex., for plaintiff.


ATWELL, District Judge.

Walter B. Brooks, deceased, was a railroad engineer and had two accident policies, one in No. 423, and one in No. 429. Each contained a double indemnity provision. The Provident policy provided such benefit, "if such injury causing the loss, shall be sustained by the insured by the burning of a completed building." The Locomotive policy provided double indemnity, "if the injury causing the loss occurs in consequence of the burning of the building...

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