O'brien v. Equitable Life Assur. Soc'y

212 F.2d 383, cert. denied, 348 U.S. 835 (1954)

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Nature of the Case

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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.