Taylor

These two actions were consolidated for trial" by stipulation of the parties, and likewise have been consolidated for hearing upon appeal, and are now before this court upon a bill of exceptions.

These actions were brought by plaintiff as beneficiary under accident policies of insurance issued to her husband by the two defendant insurance companies. Plaintiff’s husband lost his life as the result of gunshot wounds inflicted during an altercation which occurred after a collision between decedent’s car and that of one Martinez. The policy issued by defendant Great Western Insurance Company insured plaintiff and her husband “against the effect of Personal Bodily Injury which is caused solely by accidental means”. The policy issued by defendant Aetna Life Insurance Company provided for double indemnity if the death of the assured resulted “directly and independently of all other causes from bodily injuries effected solely through external, violent, and accidental means”. The complaints against the defendant insurance companies alleged an accidental death. The Aetna Life Insurance Company interposed a defense that the death of plaintiff’s husband was not the result directly and…