Betty Sankovich v. The Life Insurance Company of North America and Credit Life Insurance Company

Betty Sankovich, the beneficiary of two life insurance policies, appeals from the district court’s grant of summary judgment holding two companies not liable on the policies. Although the parties do not dispute the underlying historical facts, we conclude that the ultimate fact — whether the insured committed suicide — presents a triable question for the jury. We reverse and remand.

I

Kenneth Sankovich, Betty Sankovich’s husband, was insured under two life insurance policies issued by the appellees. Kenneth died from a bullet wound to the head. He was found on the floor of his bedroom, a pistol lying about six inches from his body. Betty had purchased the gun six months before Kenneth’s death. Betty had seen Kenneth clean and load the gun once before his death.

On the night of Kenneth’s death, he came home from work at 5:15 p. m., his usual time. He began to drink and watch television. Betty sat and drank with Kenneth in the kitchen. At about 8:00 p. m. Kenneth and Betty began an argument, the substance of which Betty cannot recall. After 45 minutes of arguing, Kenneth got up and told Betty to get dinner. Kenneth left the kitchen. Betty heard a noise in the bedroom and found…