Crumpton v. Confederation Life Insurance Co.

672 F.2d 1248 (5th. Cir. 1982)

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Nature of the Case

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Facts

Petton was raped in her home. She told her parents and husband about the rape but did not disclose that the assailant had also threatened her that if she told anyone, he would come back and kill her children. Five days later, she gave her next door neighbor a note stating 'Mr. Crumpton attacked and raped me in afternoon not morning.' Petton then exited her house, saw Crumpton, and killed him with a gun. Crumpton was covered by an insurance policy, and his wife (P) attempted to recover. The Confederation Life Insurance Co. (D) denied coverage, claiming that Crumpton's death was not an accident, and therefore, the policy did not cover him. The District Court awarded P the benefits under the policy. D appealed because character evidence was introduced to show that Crumpton could not have raped Petton.