SMITH v. COMBINED INSURANCE COMPANY OF AMERICA


120 S.E.2d 267 (1961)

202 Va. 758

Florence SMITH v. COMBINED INSURANCE COMPANY OF AMERICA.

Supreme Court of Appeals of Virginia.

June 12, 1961.


Attorney(s) appearing for the Case

David B. Worthy, Rocky Mount (Hutcherson & Greer, Rocky Mount, on the brief), for plaintiff in error.

George B. Dillard, Roanoke, Willard R. Finney, Rocky Mount, for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.


EGGLESTON, Chief Justice.

This is an action to recover on an accident policy issued by Combined Insurance Company of America on the life of Earl B. Smith, denominated the "Insured," in favor of Florence Smith, his wife. The Insurance Company filed a denial of liability on the ground that the insured had not died "as a result of an accident" within the meaning of the policy. There was a trial before a jury and at the conclusion of the plaintiff's evidence and again...

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