Life & Casualty Insurance Company Tennessee v. Norberto Martinez

Norberto Martinez, as the beneficiary of his minor son under an accident policy, sued and recovered judgment against insurer, Life & Casualty Insurance Company of Tennessee. Insured was shot and killed by a policeman while insured was fleeing from the officer, and the trial court held that he died from violent, external and accidental means within the terms of the accident policy. Insurer appealed from the judgment on the point that the trial courts findings show that the court erroneously viewed the shooting from the viewpoint of the policeman rather than from the viewpoint of the insured. There was no jury.