Gamer

These actions were brought to recover double indemnity provided by life insurance policies in the event the insured died as result of accident. The insurance companies admitted liability for the face of the policies, but contended that the insured committed suicide. The trial judge instructed the jury to find in favor of the insurance companies upon this issue. The question for our consideration is whether or not the death of the insured can be accounted for upon any reasonable hypothesis other than suicide. Connecticut General Life Ins. Co. v. Maher (C. C. A.) 70 F.(2d) 441, 445 .

In determining whether or not the evidence is sufficient to submit the case to the jury, we must, assume that the jury will take the view most favorable to the appellant. The evidence as to the means of death is entirely circumstantial. Under the evidence, the jury would have been justified in finding that there was no motive for suicide. The insured was 51 years of age, in robust health, in reasonably good financial circumstances, was living in his own home with his wife and a daughter aged about 14. On the morning of his death, he had assisted his wife in her domestic tasks, and had been in a…