Kahn

This is the second appeal in this case. On the first trial the jury rendered a verdict in favor of plaintiff. The defendant appealed, assigning as error the refusal of the trial court to direct a verdict in its favor. This court reversed the judgment ( 39 Cal. App. 180 [ 178 Pac. 331 ]) and on the second trial before the court judgment went for defendant. Plaintiff appeals from this judgment on the judgment-roll alone.

The action is one by appellant as beneficiary under a policy of accident insurance issued by defendant to Frank GKahn, appellant’s husband, September 1, 1912. The par ticular clause under which recovery is claimed binds defendant to pay the whole amount of the policy if bodily injury, caused solely and directly by violent, external, and accidental means, causes the death of the insured.

The pertinent portions of the policy, and answers and statements contained in the application, necessary to a consideration of the case, are as follows:

Clause 11 of the policy:

Certain questions, with the answers, in the application:

Statement at close of application:

The policy was applied for on behalf of the insured, and with a copy of the application attached thereto,…