TRAVELERS INS. CO. v. DRAKE

No. 8150.

89 F.2d 47 (1937)

TRAVELERS INS. CO. v. DRAKE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied April 5, 1937.


Attorney(s) appearing for the Case

L. R. Weinmann and George P. Tobin, both of Oakland, Cal., and Leo R. Friedman, of San Francisco, Cal., for appellant.

Dunn, White & Aiken and Carlos G. White, all of Oakland, Cal., for appellee.

Before WILBUR and MATHEWS, Circuit Judges, and NETERER, District Judge.


NETERER, District Judge.

Judgment was obtained by the beneficiary of a policy of accident insurance for the death of the insured. The policy contained the following provision: In the event the injury should result in death "independently and exclusively of all other causes" and not be "caused directly or indirectly, wholly or partly by bodily or mental infirmity, bacterial infections * * * or by any other kind of disease," and reversal is sought.

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