Massachusetts Supreme Judicial Court June 28, 1932 (Maskas v. North American Accident Insurance)

Wait, J.

This is an action upon a policy of accident insurance brought by the administrator of the assured against the insurer. The assured while riding in an automobile was struck and killed by a railroad train at a highway crossing on May 5, 1928. Death was almost instantaneous. The policy was payable to the estate of the assured.