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NEW YORK LIFE INSURANCE COMPANY v. DICK

No. 15760.

252 F.2d 43 (1958)

NEW YORK LIFE INSURANCE COMPANY, a corporation, Appellant, v. Blanche DICK, Appellee.

United States Court of Appeals Eighth Circuit.

February 7, 1958.

Attorney(s) appearing for the Case

Norman G. Tenneson, Fargo, N. D., for appellant.

Donald C. Holand, Lisbon, N. D., and Philip B. Vogel, Fargo, N. D., for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff (appellee) in an action against the New York Life Insurance Company for double indemnity benefits under policies of life insurance. Jurisdiction was based on diversity of citizenship and amount in controversy.

William Dick, a North Dakota farmer, forty-seven years of age, while alone with a double-barrel shotgun in the silage shed of his farm on the morning of January 20, 1955, was...

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