Flemming

This action was brought to recover $5,-000 on a life insurance policy providing double liability in the event the insured died in consequence “of bodily injury effected solely through external, violent and accidental means”. The policy also expressly provided that it should not cover “death resulting directly or indirectly from bodily infirmity * * * other than that occurring simultaneously with and in consequence of bodily injury”.

The plaintiff alleged that o-n September 8, 1936, the deceased fell and struck his head, causing a physical wound thereon and received injuries from which he died on September 12, 1936. She also alleged that the death of the insure 1 was caused solely through external, violent and accidental means.

The defendant Insurance Company denied that the death of the insured was caused solely through external, violent and accidental means, and alleged that the plaintiff did not comply with the terms of the policy in that the proof of death filed by plaintiff with the defendant showed that the death of the insured was not caused “solely through external, violent and accidental means”.

The evidence shows that the insured, while standing in a cafe in Los…