Simmons

Plaintiff-appellant, Elinor Simmons, appeals from an adverse judgment following a court trial in her action for breach of contract in which she sought accidental death benefits of $54,900 under a double-indemnity life insurance policy on the life of her deceased husband, Dale M. Simmons, who died on January 9, 1975.

Appellant assigns various errors to the court’s findings of fact on the cause of Mr. Simmons’ death and asserts that the trial court abused its discretion in denying her the right to trial by a jury. Since the jury trial issue is dispositive of the case, we dó not reach the merits of the other issues.

Procedural Background

On April 5, 1978, appellant filed an at-issue memorandum in which she stated that she was not requesting a jury trial. A few days later, respondent filed its at-issue memorandum requesting a jury trial. In her trial setting conference statement dated August 16, 1978. appellant again waived a jury by answering “No” to the question, “Is a jury demanded and by whom?” The trial setting conference order dated August 21, 1978, recited that a jury had been demanded by respondent.

On October 23, 1978, the day set for trial, respondent filed its…