BOSWELL v. GULF LIFE INSURANCE COMPANY

No. 15626.

227 F.2d 578 (1955)

Mrs. Alice O. BOSWELL, Appellant, v. GULF LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 15, 1955.


Attorney(s) appearing for the Case

Harbin M. King, Calhoun, Ga., James Maddox, Rome, Ga., for appellant.

J. Frank Kemp, Atlanta, Ga., Y. A. Henderson, Calhoun, Ga., Joseph D. Tindall, Joseph D. Tindall, Jr., Atlanta, Ga., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.


BROWN, Circuit Judge.

Appellant, mother of Elmer M. Boswell, sought recovery of policy benefits for his death caused by a gunshot wound which, she claimed, resulted from bodily injuries effected through external, violent and accidental means. The Insurer defended on the sole ground that its policy expressly excepted death resulting from "suicide, while sane or insane". On a jury trial, after removal from the State Court, at the conclusion of all of the evidence, the...

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