Romero

Plaintiff’s intestate, Andres Romero, met his death in the early morning hours of June 28, 1966, while driving his Thunderbird automobile along U.S. 101 in the City of Santa Barbara. This suit for breach of contract was instituted when defendant company refused to pay the proceeds of a $10,000 accidental death life insurance policy issued to the beneficiary thereof (T. J. Bettes Company of California) which, in turn, assigned its interest to decedent’s estate. Asserted as a defense by the issuing company were the following provisions in the policy sued on: “This policy does not cover any loss that shall have occurred either directly or indirectly as a result of: (1) self-destruction or any attempt thereat while sane or insane, or of injuries intentionally inflicted by the insured on himself ... (6) injuries contracted or sustained by the Insured while committing or attempting to commit an assault or felony . ...” In a jury trial a verdict was returned in plaintiff’s favor; the instant appeal is from the judgment entered on that verdict after the denial of defendant’s motion for a new trial.

Two assignments of error are urged: first, the court erroneously refused…