Wells Fargo Bank & Union Trust Co. v. Mutual Life Ins. Co. of New York

This is an appeal from a judgment entered upon a verdict directed by the trial court at the close of plaintiff’s ease in favor of appellant, plaintiff below, in the sum of $14,-527.65.

This action was originally brought by appellant as trustee under a so-called insurance trust agreement executed by Walter Radius as settler, and in which appellant was named beneficiary of a life insurance policy issued by respondent company on the life of Walter Radius in the face amount of $15,000. The policy provides for double indemnity in the event of death resulting from “bodily injury *891 effected solely through external, violent and accidental means.”

Walter A. Radius, the insured named in the policy, came to his death as a result of asphyxiation due to carbon monoxide gas coming from and generated by his automobile upon which he was or had been working in and about the garage at his residence.

In 1919 or 1920 Radius took a course in automobile repairing given by the University of California Extension Division and received a certificate therefor. He frequently worked on his automobile, apparently making it a sort of hobby. lie owned a Rickenbaeher eight-cylinder sedan about six years…