O'BRIEN V. EQUITABLE LIFE ASSUR. SOC'Y
212 F.2d 383, cert. denied, 348 U.S. 835 (1954)
NATURE OF THE CASE: This was an action for recovery under a double indemnity insurance
policy.
FACTS: An insurance policy provided payment of $10,000 upon the death of the insured with
an additional $10,000 in the event of accidental death. At the time of the insured's death,
he was committing an assault or a felony or both. A Robert Jackson shot the insured when he
was found in bed with Jackson's wife. Jackson's wife substantiated that testimony and
testified that she was forced into the bedroom and onto the bed but does not remember what
happened from that point forward until the first shot was fired. At trial P presented
evidence that the insured was killed by a gunshot wound and rested. D moved for a directed
verdict and when denied put on the evidence of Jackson et al. P then offered evidence that
robbery may have been the motive for the shooting. At the close of evidence, the trial court
sustained D's motion for a directed verdict. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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