Bower

This matter comes to the court on certification from the appellate department of the superior court pursuant to rule 63(a), (b) and (c), California Rules of Court.

The “Engrossed Settled Statement on Appeal” reveals that plaintiff Jewell Bower brought suit against defendant Roy-Al Corporation, individually and doing business as Contract Insurance Underwriters of Seaboard Life Insurance Company of America, to recover on a credit life and disability policy issued by defendant.

The case was tried without a jury and taken under submission by the court. On June 16, 1972, judgment was entered in favor of defendant and against plaintiff. On June 30, 1972, plaintiff served and filed his notice of intention to move for a new trial. On August 15, 1972, the trial court denied plaintiff’s motion for new trial, but ordered the judgment be entered in favor of plaintiff and against defendant in the sum of $3,240, with interest in the amount of $737.10.

Defendant appealed from the judgment and the appellate department of the superior court rendered its decision reversing the judgment with instructions to the trial court to render judgment for defendant. Upon plaintiff’s timely motion,…