INSURANCE COMPANY OF NORTH AMERICA v. SOUTHERN

Civ. 230.

292 So.2d 476 (1974)

INSURANCE COMPANY OF NORTH AMERICA, a corporation v. Dalton F. SOUTHERN.

Court of Civil Appeals of Alabama.

Rehearing Denied February 27, 1974.


Attorney(s) appearing for the Case

Almon, McAlister & Ashe, Sheffield, for appellant.

John D. Clement, Jr. and James E. Smith, III, Tuscumbia, for appellee.


BRADLEY, Judge.

Appellee-plaintiff filed an action against appellant-defendant in the Circuit Court of Colbert County based on an accidental death policy of insurance covering his son who was killed in an affray. Appellant-defendant filed a plea of the general issue and several special pleas, the gist of which was that deceased did not die by "accidental means" as provided in the policy of insurance which was the subject of the suit. After a trial, verdict and judgment...

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