Byers

This is an appeal from a judgment rendered in favor of respondent permitting her to recover upon three policies of accident insurance upon the life of her husband, James C. Byers, a former sheriff of San Diego County. The first policy was issued August 9, 1921; the second was in the form of a rider to a noncancelable income policy, which rider was dated May 3, 1927; the third was issued August 9, 1928.

The first policy contained a clause whereby it insured “against loss of-life resulting directly and independently of all other causes, from bodily injury effected during the term of this policy solely through accidental means. . . . This insurance does not cover, . . . suicide, sane or insane, or any attempt thereat, sane or insane.” The other two policies contained provisions similar in effect. The applications for the two later policies each contained the following provision which was made a part of the policy: “The falsity of any statement in the application, materially affecting either the acceptance of the risk or the hazard assumed hereunder, or made with intent to deceive, shall bar all right to recovery under this policy.” Respondent was named as beneficiary in all of the…