THEVENOT v. COM. TRAVELERS MUT. ACC. ASS'N.

19478

259 S.C. 235 (1972)

191 S.E.2d 251

Barbara L. THEVENOT and Sara Mae Gillard, as Executrix of the Estate of Andre M. Thevenot, Respondents, v. The COMMERCIAL TRAVELERS MUTUAL ACCIDENT ASSOCIATION OF AMERICA, Appellant.

Supreme Court of South Carolina.

August 30, 1972.


Attorney(s) appearing for the Case

Joseph R. Young, Esq., of Young, Clement & Rivers, for Appellant.

Messrs. G.M. Howe, Jr., and Coming B. Gibbs, Jr., of Gibson, Gibbs & Krawcheck, Charleston, for Respondents.


August 30, 1972.

BRAILSFORD, Justice.

Plaintiff was tried for the murder of her husband and acquitted. Thereupon, she brought this action against the defendant insurance company on a policy insuring him against accidental death, of which she was beneficiary.

The defendant's answer to the complaint alleged that the insured's death was a foreseeable consequence of his own conduct, and therefore not accidental...

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