Price

Price v. Occidental Life Ins. Co.

Good Law
169 Cal. 800·1915 Cal. LEXIS 575·147 P. 1175
Supreme Court of CaliforniaApril 6, 1915Sac. No. 2116.California983 words

Opinion

Lead Opinion

Sloss, J.

The plaintiff appeals from a judgment in favor of defendant in an action on a policy of accident insurance. The evidence is not before us, and we are called upon to determine the one question, whether the findings of fact support the judgment.

By the policy, William A. Price, the husband of plaintiff, was insured in the principal sum of two thousand five hundred dollars, “against bodily injuries not intentionally self-inflicted, sustained by the insured while sane, and effected directly and independently of all other causes through external violent and accidental means (suicide, sane, or insane, not included).’’ The policy was made payable, in case of death, to the plaintiff.

The complaint set up a cause of action based on the death of Price. The findings which raise the question to be decided are as follows:

The contention of the appellant is that the specific findings regarding the cause and manner of Prices’s death conclu sively establish that the death resulted from violent, external, and accidental means The further finding that death did not result from accidental means is asserted to be a mere conclusion, and a conclusion at variance with the specific facts found.

The…

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