(DOWNLOAD) "Frances B. Sommer v. Metropolitan Life" by Supreme Court of Missouri En Banc ~ eBook PDF Kindle ePub Free
eBook details
- Title: Frances B. Sommer v. Metropolitan Life
- Author : Supreme Court of Missouri En Banc
- Release Date : January 09, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, the beneficiary in two life insurance policies which provided additional benefits in the event of death by accidental
means, brought suit thereon, claiming her husband died as a result of an accident. Trial before the court without a jury resulted
in a judgment for $3,325.00 ($1,000.00 principal, $312.50 interest, $100.00 penalty, and $250.00 attorney's fees on each policy).
Defendant appealed to the St. Louis Court of Appeals, which reversed. We ordered the case transferred to this court and it
will be determined here "the same as on original appeal." Rule 84.05(h), V.A.M.R.; Mo. Const., Art. V, 10 (1945),
V.A.M.S. We reverse and remand with directions to enter judgment for the accidental death benefit, plus interest, on each
policy. The facts are simple and were stipulated. Insured died December 6, 1961, as the result of a self-inflicted gunshot wound
in the head. At the time of death, he had lost contact with reality (a mental infirmity), which was stipulated to be insanity.
The parties also stipulated that if insured had not lost contact with reality, he would not have taken his life.
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