Slobojan
Slobojan v. Western Travelers Life Insurance
Opinion
lead Opinion
Burke, J.
In this declaratory relief action defendant insurance company appeals from a judgment determining that life insurance coverage for which plaintiff’s husband had applied was in force on the date of his death, and that his death was accidental within the double indemnity clause of the insurance. The ruling that insurance ,was in force was made upon plaintiff’s motion for partial summary judgment (Code Civ. Proc., § 437c), and the ruling that death was acch dental was thereafter made following trial on .that issue before another judge sitting without a jury. Plaintiff cross-appeals from that portion of the judgment which denies her *436 interest prior to entry of judgment. We have concluded that' plaintiff is entitled to the interest she claims, and that the judgment in her favor should be affirmed in all other respects.
1-. Summary Judgment Ruling That Coverage Existed. .
The allegations of plaintiff’s complaint may be summarized as follows: Her husband, John M. Slobojan, signed an application of defendant insurance company for an insurance policy on his life in the amount of $25,000 with double-indemnity provision covering death by accident with respect to the first $5,000, and…