Aschenbrenner

United States Fidelity & Guaranty Co. v. Aschenbrenner

Good Law
65 F.2d 976·1933 U.S. App. LEXIS 3228
United States Court of Appeals for the Ninth CircuitJune 26, 1933No. 7110California4,190 words

Opinion

Lead Opinion

Sawtelle, J.

Except in minor respects, the facts in this case are undisputed. In the following summary, we are adopting the interpretation of the facts most favorable to the appellee.

The appellant issued a policy of insurance under which Walter Asehenbrenner, hereinafter referred to as the decedent, was the assured, and the appellee, who was the plaintiff below, was the beneficiary. The policy provides for a payment of $7,500 as the principal sum against loss of life resulting directly and independently of all other causes from accidental bodily injuries. .

The policy further provides for double indemnity payable as follows:

“Schedule V. Double Indemnities.

“The amounts payable in all the forego *977 ing schedules shall be doubled if ‘such injury’ is sustained by the insured,

“(1) While a passenger in or on a public conveyance (including the platform, steps, or running board thereof) provided by a common carrier for passenger service.”

The only issue in this ease is whether the double indemnity or only the single indemnity is payable under the facts. The appellant conceded at the trial that it was liable for the single indemnity; the accidental death being established. The only question…

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