Gamer

This is the second appeal in this case.

The facts proved are not in their essence different from those presented to us on the former appeal. Gamer v. New York Life Ins. Co., 76 F.(2d) 543 .

The appellant states its first contention on this appeal as follows:

“The only question of ultimate fact to be determined in this case is: Was the death of Edward Walter Gamer due to accident or suicide?

“Plaintiff‘alleges that his death resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental means, and did not result from self-destruction, but from the accidental discharge of a rifle. The answer denies that death resulted directly or indirectly from the accidental discharge of the rifle, and alleges he took his own life.”

Appellant describes what it “alleges” concerning suicide as an “affirmative defense.” The policy insured against death in the sum of $10,000, and provided for the payment of a double indemnity in the event of death by accident, but that “Double Indemnity shall not be payable if the Insured’s death resulted from self-destruction, whether sane or insane.” (Italics supplied.)

Liability for $10,000…