Elisabeth (Lisa) Ruppelius v. Continental Casualty Company

This appeal involves the trial court’s rejection of one of appellant’s exhibits, claimed to be an official record of the Arizona Highway Patrol. The action below was one to recover $101,000 under two policies of accidental death insurance on the life of appellant’s deceased husband, Harry S. Ruppelius. We affirm.

Appellant, the widow of Mr. Ruppelius, brought suit in state court and the action was removed to the district court upon petition of appellee, an Illinois corporation. A trial to a jury resulted in a verdict in favor of appellee on which judgment was entered.

Appellant was the named beneficiary of two policies of accidental death insurance in the sums of $1,000 and $100,000. The $1,000 policy was issued September 4, 1963 for a one-year term. The $100,-000 policy, issued on the same day, had a 90-day term and was renewed on December 4, 1963, for another 90 days. Mr. Ruppelius died when the automobile in which he was riding alone left the highway and plunged into a dry wash on February 3, 1964. Claims under the two policies of accident insurance were denied by the insurer on the ground that the death was a suicide and not accidental.

The trial court determined that since…