Standard Life Insurance Co. of Indiana v. Hughes

• Decision Date: 05 February 1957
• Docket Number: No. 16175.,16175.
• Citation: 240 F.2d 859
• Parties: STANDARD LIFE INSURANCE COMPANY OF INDIANA, Appellant, v. Ada Bell Brown HUGHES, Appellee.
• Court: U.S. Court of Appeals — Fifth Circuit

240 F.2d 859 (1957)

STANDARD LIFE INSURANCE COMPANY OF INDIANA, Appellant, v. Ada Bell Brown HUGHES, Appellee.

No. 16175.

United States Court of Appeals Fifth Circuit.

February 5, 1957.

Sidney E. Cook, Charles D. Egan, Shreveport, La., for appellant.

Henry W. Bethard, III, Bethard & Bethard, Coushatta, La., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and BORAH, Circuit Judges.

BORAH, Circuit Judge.

This action, originally instituted in the state court from whence it was removed to the District Court for the Western District of Louisiana, was brought by Ada Bell Brown Hughes, as tutrix of the minor William Watson Hughes, Jr., to recover the sum of $3,000, plus penalty, interest and attorney fees¹ allegedly due the minor as beneficiary under the provisions of a life insurance policy issued by Standard Life Insurance Company of Indiana on the life of William Watson Hughes, the minor's father.

In this removed action, plaintiff alleged that on March 3, 1954 the insured, while fishing alone on Black Lake Bayou, Red River Parish, Louisiana, met his death by drowning and as a result, directly and independently of all other causes, of bodily injuries sustained through external, violent and accidental means, within the meaning of the double indemnity or accidental death benefit provision of the policy; and that despite amicable demand the insurance company has refused and failed to pay the claimed double indemnity or accidental death benefit. By way of responsive pleading the defendant denied that it was liable under the double indemnity provision of the policy and affirmatively alleged that the insured's death was caused or contributed to by disease or bodily infirmity, namely, epileptic seizures, during one of which he fell from the boat in which he was fishing into the water. The case was tried by the court without a jury, following which the court rendered its published opinion² and entered judgment for the plaintiff.

Appealing from this judgment the appellant urges that the trial court erred in holding: (1) that the burden of proof was upon the insurer to prove that the injury and death of the insured was brought about by his physical and mental infirmity, epilepsy; (2) that the presumption of death by accidental means, directly and independently of all other causes, continued after introduction of evidence of epilepsy; (3) that plaintiff had sustained the burden of proof under the double indemnity provision of the insurance contract; and (4) that the deceased did not expose himself to a known peril. Appellee on the other hand insists that under Louisiana law she should recover regardless of whether the insured suffered an epileptic seizure, but that in any event, the trial court correctly held that defendant did not discharge its burden of proving that the insured's death was caused by his mental or physical infirmity, and that insured did not voluntarily expose himself to an unnecessary danger.

The policy in suit provides: "The Standard Life Insurance Company of Indiana * * * Hereby Agrees to pay to the Beneficiary of record under said policy, in addition to the amount payable according to the terms of said policy, the sum of Three Thousand Dollars upon receipt, at the home office of the company, Indianapolis, Indiana, of due proof of the death of the insured, as the result, directly and independently of all other causes, of bodily injuries sustained through external, violent and accidental means, provided * * * (5) that death shall not have been the result of self-destruction, whether sane or insane, or caused by or contributed to, directly or indirectly, or wholly, or partially, by disease, or by bodily or mental infirmity * * *." And the material facts which give rise to the controversy are these: On the morning of March 1, 1954, the insured in company with one Alvin Snead went fishing on Black Lake Bayou and he was last seen by Snead at about 10:00 a.m. on March 3rd, at which time he was standing by a tree and fishing from the bank with his boat anchored nearby. On that occasion Snead told the insured that he was going back to the camp, which was then one-quarter of a mile away, to prepare coffee. After making coffee Snead returned to the spot where he had last seen and conversed with the insured and upon finding that he was no longer there, assumed that he was fishing elsewhere. Whereupon Snead fished alone until about 4:00 p.m. at which time he became alarmed and summoned help. After a diligent search, the deceased's body was recovered from the bottom of the lake some twenty feet from his boat and near the spot where he had last been seen standing on the bank. The coroner who had been called to the scene did not perform an autopsy, but he examined the body and finding no outward signs of violence and observing that the deceased's lungs were filled with water, concluded and officially reported that death had resulted from "accidental drowning." While the coroner stated in the death certificate that the insured "fell in lake while having epileptic seizure", it is clear from the record that there were no eyewitnesses to the drowning and the coroner testified that he had no knowledge that such was a fact, the statement having been based entirely upon a surmise on his part from what the family had told him.

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