Kettlewell v. Prudential Ins. Co‪.‬

Rehearing denied January 11, 1954. Janet C. Kettlewell sued the Prudential Insurance Company of America on a policy of insurance on the life of her husband, Norman L. Kettlewell, Jr. She averred the issuance of the policy on May 5, 1948, and the insured's death on November 5, 1948. Defendant, answering, set out a provision of the policy that if the insured, whether sane or insane, shall within two years from the policy date die by suicide, defendant shall be liable only for the return of the amount of premiums actually paid, and alleged that insured's death resulted from suicide within two years from the issuance of the policy and that the premiums received had been tendered to plaintiff and refused. Plaintiff's reply denied that insured's death was the result of suicide. The jury returned a verdict for the plaintiff for $8,118.75. Defendant's motions for a directed verdict, for judgment notwithstanding the verdict and for a new trial were overruled and judgment was entered on the verdict. This appeal followed.