Baciocco

This is an action upon a poliey of insurance issued by the appellant company upon the life of one Arnold A. Ertola, with the appellee named as beneficiary. The poliey provides for the payment to the beneficiary of $5,000 upon the death of the insured, and for an additional $5,000 in case death occurs “as a result, directly or independently of all other causes, of bodily injuries, effected solely through external, violent, and accidental means.” The policy also contains a provision to the effect that, in case of death by suicide within a year from its issuance, the liability of the insurer shall not exceed the amount of the premiums paid. The insured came to his death by violent means on April 18, 1926, within á year from the date of the poliey. The simple issue therefore was whether his death was voluntary or involuntary, and here the only question is whether plaintiff discharged the burden of proving that it was accidental or involuntary. The issue was tried by the court, waiver of a jury having been duly stipulated.

Appellee and the deceased were business partners in San Francisco, and on May 8, 1925, each took out a life poliey of the same kind and for the same amount, and…