Tobin

This is an appeal by the defendant "from a judgment of $5,000 upon a policy of insurance issued by defendant upon the life of Johannes W. K. Kooy. The plaintiff is the beneficiary under said policy.

- Plaintiff alleged the issuance and delivery of the policy on April 10, 1918, the payment of the premium thereon; that on June 20, 1918, said Kooy died as the result of bodily injuries, effected through accidental means; that said death was not the result of suicide; that pursuant to the terms and conditions of said policy of insurance, plaintiff gave to said defendant immediate notice of the aforesaid injury and death of the said Kooy and furnished to defendant affirmative proofs of said injury and death within ninety days after the date of the injury and death; that plaintiff complied with all the terms and conditions of said policy and demanded payment thereof; that the sum called for by said policy has not been paid. A copy of the policy was attached to the complaint as an exhibit. It provides that the defendant “.Does hereby insure Johannes W. K. Kooy of San Francisco, California, the person described in said application who states- his occupation to be that of Hotel…