Commercial Travelers Insurance Company v. Walsh

228 F.2d 200 COMMERCIAL TRAVELERS INSURANCE COMPANY, a corporation, Appellant, v. Nova Garett WALSH, individually and as administratrix of the estate of Ralph H. Garett, deceased, Appellee. No. 14747. United States Court of Appeals Ninth Circuit. December 19, 1955. Hamblen, Gilbert & Brooke, H. M. Hamblen, Spokane, Wash., for appellant. Raftis & Raftis, Colville, Wash., for appellee. Before DENMAN, Chief Judge, BONE, Circuit Judge, and BYRNE, District Judge. DENMAN, Chief Judge. 1 This is an appeal from a judgment of the United States District Court for the Eastern District of Washington awarding the appellee administratrix recovery on an accidental death insurance policy issued by appellant. Jurisdiction was based on diversity of citizenship. Appellant contends that the District Court erred in finding that the death of appellee's husband was caused by an "accident" as that term is used in its policies and as it is interpreted by the Washington Supreme Court. 2 Ralph H. Garett, appellee's husband, was insured with appellant for $3,750.00 against loss of life "resulting directly and exclusively of all other causes, from bodily injuries sustained during the life of this…