Bowman

Kansas City Life Ins. v. Bowman

Good Law
102 F.2d 510·1939 U.S. App. LEXIS 3887
United States Court of Appeals for the Ninth CircuitMarch 15, 1939No. 8993California922 words

Opinion

Lead Opinion

Haney, J.

The only question presented is whether or not there is any substantial evidence to support a verdict that deceased met his death by accidental means and not by suicide.

Appellant, on February 25, 1926, issued a policy of life insurance on the life of John D. Bowman, the deceased, thereby promising to pay appellee, $2500 “upon receipt of due proof of the death” of insured, or in lieu thereof the amount of $5,000 “in the event of the accidental death .of the insured as hereinafter defined”. The proof of accidental death required was that the “death resulted directly and independently of all other causes from bodily injuries, effected solely through external, violent and accidental means * * * except that this double indemnity benefit shall not be payable if the Insured’s death shall result directly or indirectly, wholly or partly from suicide, whether sane or insane * * * ”.

On December 1, 1935, deceased, a farmer, suffered a. cerebral thrombosis, which is a clot on the brain producing a paralytic action. Deceased’s right side was paralyzed, and he was confined to bed about six or seven weeks, but his condition improved and was improving up to the time of his death. ' Pie was able…

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