Graham

This action, commenced in the superior court of Washington for King county, was regularly removed to the District Court of the United States for the Western District of Washington, Northern Division, upon the ground of diversity of citizenship.

The plaintiff brought this-action to recover, as the beneficiary, upon a double indemnity provision of a life insurance contract issued by defendant, appellant herein.

The complaint alleges that the assured came to his death by accidental means, that due proof thereof has been made, but that the double.indemnity has not been paid.

The complaint then proceeds to allege that the plaintiff previously brought an action against the same defendant in the superior court of the state of Washington upon a $1,000 policy which was identical with the one in question except as to number and amount. Copies of the pleadings, verdict, and judgment in the first action are made a part of the complaint as exhibits. It further alleges that the defendant, in its answer in the first action, denied accident as the cause of death apd alleged *378 that death was the result of suicide, which was denied in plaintiff’s reply; that'trial resulted in verdict and…