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Benton carried on a successful restaurant business in a large city. The restaurant had an excellent reputation. This was for the most part due to the skill of Benton’s gourmet chef, Simmons. Benton realized that his business would be adversely affected if he should lose Simmons through accident or injury. For that reason he arranged for a life-insurance policy in the amount of $100,000 on Simmons’s life, and named himself as the beneficiary. The annual premium in the amount of $500 was paid by Benton. Some months later, at the end of a busy day, Benton and Simmons became involved in a violent argument. Simmons left the restaurant saying, “Don’t expect me to work tomorrow. I quit. I’ll be in to pick up my personal belongings at 8:00 a.m.” On his way home from the restaurant, Simmons was involved in a serious automobile accident and was killed. Benton claimed the $100,000 under the life-insurance policy. Should the insurer pay the claim? What defences might it raise to resist the demand for payment?

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