REARDON, J.
In this action of contract the plaintiff, the beneficiary under a policy of life insurance issued by the defendant, seeks to recover $5,000 payable as an accidental death benefit thereunder. The matter was heard before a Superior Court judge sitting without jury. A notice to admit facts was filed, to which the plaintiff did not respond, and consequently there is no dispute on the facts. G.L.c. 231, § 69. The plaintiff is here on exceptions to the...
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