LaCosta

Linda Lee LaCosta appeals from the judgment of dismissal entered after demurrer to her complaint was sustained without leave to amend. Notice of appeal was filed prior to the entry of judgment; however, we elect to treat said notice as filed immediately thereafter and thus timely. (Cal. Rules of Court, rule 2(c).)

Appellant, as beneficiary, sought to recover proceeds under a nonoccupational vehicle accident provision contained in an insurance policy issued by respondent on the life of appellant’s deceased husband. The complaint alleged that appellant’s husband was killed while driving a motorcycle. Respondent paid the face amount of the policy and the “double indemnity” benefit. It refused to pay an additional sum equal to the face value of the policy under a nonoccupational vehicle accident death benefit.

*528 The sole question involved in this appeal is whether the insured can qualify under either conditions (a) or (b) of a supplemental provision of the policy which provided for payment if “the injury resulting in the accidental death was sustained by such person (a) while driving or riding in a private automobile of pleasure car design (including station wagon or…