Heatfield

An action was brought in the Superior Court of the State of Washington for $7,-500 by plaintiff as beneficiary of an insurance policy issued by defendant insurance company to plaintiff’s deceased husband. The action was removed to the federal District Court on the ground of diversity of citizenship of the parties, as plaintiff was a citizen of Washington and defendant was a corporation of Michigan, and as the amount in - controversy exceeded $3,000. After a jury trial verdict and judgment were rendered in favor of plaintiff. Defendant appeals.

By the terms of the policy defendant insured plaintiff’s husband in the principal sum of $7,500 against “loss from bodily injuries effected directly, exclusively and independently of all other causes through accidental means except when intentionally self-inflicted.” In case of loss of life the principal sum was payable to the beneficiary specified. Plaintiff bases her right to recovery on the theory that her husband died of heart failure directly resulting from over-exertion experienced when he attempted to put his car on the road after it had skidded into a ditch, and therefore that he lost his life through accidental means. Defendant…