Reseña de Johnnie Mae Harvey a/K/a Johnnie May Foster v. St. Paul Western Insurance Companies

Johnnie Mae Harvey a/K/a Johnnie May Foster v. St. Paul Western Insurance Companies de Third District. District Court of Appeal of Florida Resumen del Libro

HORTON, Judge. The appellant was the plaintiff below and is the beneficiary under a group life insurance policy in which one Calvin Foster, now deceased, was the insured and appellee the insurer. The policy was in the amount of $2,000 ordinary life benefits with double indemnity, or an additional $2,000, payable should the insured die by accidental means. Calvin Foster died on October 7, 1961, as the result of a gun shot wound sustained in a fight with one Robert Little. The deceased was the aggressor in the fight and while he was attempting to take a pistol from the possession of Little, the gun went off injuring Foster and resulting in his death. When the appellee refused to pay the double indemnity benefits as a result of Foster's death, the appellant filed this action. The appellee by answer admitted liability under the policy for the ordinary life benefits but denied liability for the double indemnity benefits, contending that the insured did not die by accidental means. Both parties filed motions for summary judgment based upon the deposition of Robert Little and the pleadings. The trial judge granted summary judgment in favor of the appellant for the $2,000 ordinary life benefits but denied recovery to appellant for the double indemnity benefits. This appeal is from that portion of the summary judgment denying the double indemnity benefits.

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Johnnie Mae Harvey a/K/a Johnnie May Foster v. St. Paul Western Insurance Companies (Third District. District Court of Appeal of Florida) Análisis y Personajes

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