Davilla

The beneficiary, named in a policy of accident insurance, received a verdict holding the insurer liable in the amount of the policy for her husband’s death. From the judgment entered thereon, the latter appeals, urging as reasons for reversal: that a juror’s prejudice denied it a fair and impartial trial; that the evidence establishes that the cause of death was a risk not covered by the policy, and excepted therefrom; and that the jury was erroneously instructed.

Before considering these matters, attention will be directed to respondent’s motion to dismiss this appeal upon the ground that the notice to the clerk required by section 953a of the Code of Civil Procedure was filed thirty-six days after actual notice of entry of judgment. The clerk’s transcript shows that, without receipt of written notice of such entry, but nine days after such entry, appellant served and filed its notice of intention to move for a new trial, that twenty-seven days thereafter such notice of intention was quashed and dismissed because of its failure to state “whether the same will be made upon affidavits or the minutes of the court or both” (Code Civ. Proc., sec. 659) and that, three days after such…