Glesby

Prior to the present action, appellant recovered a judgment against Morgan Prime Lee and J. E. Matson for malpractice in the treatment of appellant. In the present action, appellant seeks to recover the amount of this judgment under a liability policy issued by respondent to Morgan Prime Lee, an osteopathic physician and surgeon.

It appears that J. E. Matson was not a graduate of a medical school nor was he licensed to practice osteopathy or medicine in this state. Appellant contends that there is no evidence to support the findings of the trial court that at the time in question, J. E. Matson was the assistant of Dr. Lee but an examination of the record discloses evidence sustaining this finding and, with such support in the record, that finding is conclusive here.

Respondent’s policy of insurance provides that it shall not cover bodily injuries “(1) Caused by the assured or any assistant of the assured while to any degree under the influence o£ intoxicants, anaesthetics or narcotics or while engaged in or as the result of performance of any unlawful act; (2) Caused as the result of criminal malpractice or the violation of any law or ordinance by the assured or any partner or…