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Aetna Casualty & Surety Co. v. Yeatts

United States Court of Appeals for the Fourth Circuit
121 F.2d 350 (4th Cir. 1941)


Yeatts (defendant) had an indemnity insurance policy with Aetna Casualty & Surety Co. (Aetna) (plaintiff). When Yeatts was sued, he sought to recover on his policy from Aetna. Aetna brought suit against Yeatts, seeking a declaratory judgment that Yeatts was performing a criminal abortion when he incurred his liability, an act that was expressly excluded from his coverage under the Aetna policy. At trial, Yeatts testified that he was not engaged in a criminal act. The jury found that Yeatts was not performing a criminal abortion when he incurred his liability and therefore found in his favor. Aetna filed motions for a judgment non obstante veredictor (notwithstanding the verdict) and a new trial. The trial judge denied the motions. Aetna appealed.

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Holding and Reasoning (Parker, J.)

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