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Greber v. New York Life Insurance Company, a Corp.

Supreme Court of Arizona

June 5, 1944

REBECCA GREBER, Appellant,
v.
NEW YORK LIFE INSURANCE COMPANY, a Corporation, Appellee

APPEAL from a judgment of the Superior Court of the County of Pima. Wm. G. Hall, Judge. Judgment affirmed.

Mr. John W. Ross, for Appellant.

Messrs. Ellinwood & Ross and Mr. Jos. S. Jenckes, Jr., for Appellee.

OPINION

[61 Ariz. 342] STANFORD, J.

This is a case where double indemnity against the appellee, New York Life Insurance Company, was sought because of claimed accidental death. The insured was David Greber. The policy was issued April 14, 1925. The insurance company agreed to pay $1,000 upon receipt of due proof of the death of insured, or double that amount upon due proof that death before the maturity of the endowment resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause. On the occurrence of the death of Greber, June 4, 1936, appellee paid his wife, Rebecca Greber, the beneficiary, $1,000 but refused to pay the extra $1,000, and thereupon the beneficiary, Rebecca Greber, filed her first suit in the Superior Court of Pima County, Arizona, for the additional $1,000 claiming that death resulted directly and independently of all other causes from bodily injury effected solely through external, violent and accidental cause. The case was tried at the venue of the parties in Pima County, Arizona. A verdict of the jury gave Rebecca Greber the double indemnity, and from that verdict and the judgment [61 Ariz. 343] following, appellant, who is the appellee in this case, appealed to this court.

This court in the case entitled New York Life Insurance Company v. Greber, reported in 55 Ariz. 261, 100 P.2d 987, reversed the lower court on the ground that the evidence did not sustain the verdict and judgment, and the case was remanded for a new trial. Upon the presentation of the case at the new trial in said county, and at the close of the evidence of the

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appellant herein, the appellee moved for an instructed verdict which was, by the court, granted, and from that verdict and judgment following, this appeal now comes to us.

The appellant submits but three assignments of error:

"I

"The court erred in granting appellees' motion for a directed verdict, because appellant had presented evidence from which reasonable men could infer that deceased came to his death from bodily injuries resulting solely and independently from the accident.

"II

"There was error by the lower court in entering judgment for the appellee on the ...


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