D's life insurance policy covering P's husband issued on September 22, 1967. D agreed to pay P $5,000 immediately upon due proof of death from 'accidental causes.' On December 17, 1967, insured was an accidental victim of a homicide. P met all conditions of the policy and repeatedly demanded payment, but D refused to pay. P was left with several children, no property of value, no money, and none even for the funeral expenses. P was required to borrow money to support her family, while her financial condition worsened. The family was required to live with, and accept charity from relatives. D repeatedly and deliberately refused her demands for payment. D not only refused payment but sent a letter detailing that payout was contingent on the completion of an ongoing police investigation and that P should consider settling for less than the value of the policy. P sued D for intentional infliction of emotional distress. The court dismissed the suit as P did not state a claim upon which relief could be granted. P appealed.

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