Fidelity & Casualty Co. v. Driver‪.‬

The policy sued on insured against "bodily injury sustained through accidental means and resulting directly, independently and exclusively of all other causes in * * * (d) death." The insured died instantly on November 29, 1933, from a gun-shot wound evidently from his own gun while he was hunting doves. The answer denied that the death was caused by accidental means as alleged. It then went further and set up a provision of the policy which excluded death by suicide, sane or insane, and averred that this death was suicide. At the conclusion of all the evidence, the defendant moved for a directed verdict, which was refused, and took exceptions to the charges and refusals of the court to charge touching the burden of proof and the presumption against suicide.