AUBUCHON v. METROPOLITAN LIFE INS. CO.

No. 12667.

142 F.2d 20 (1944)

AUBUCHON v. METROPOLITAN LIFE INS. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 16, 1944.


Attorney(s) appearing for the Case

Jacob M. Lashly, of St. Louis, Mo. (B. Sherman Landau and Al F. Gerritzen, both of St. Louis, Mo., on the brief), for appellant.

Raymond E. LaDriere, of Clayton, Mo. (Samuel W. Fordyce and Walter R. Mayne, both of St. Louis, Mo., Harry Cole Bates, of New York City, and Fordyce, White, Mayne, Williams & Hartman, of St. Louis, Mo., on the brief), for appellee.

Before THOMAS and JOHNSEN, Circuit Judges, and MOORE, District Judge.


JOHNSEN, Circuit Judge.

The action is one under Missouri law to recover on the double indemnity provision of a life insurance policy, by which the insurer had agreed to pay the beneficiary an additional sum equal to the face amount of the policy, if the insured's death resulted from "accidental means", excluding, however, death from "self-destruction" and death from "poison * * * voluntarily or involuntarily, accidentally or otherwise, taken, administered, [or] absorbed...

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