DiPASQUA v. CALIFORNIA WESTERN LIFE INS. CO.

Docket No. 14652.

106 Cal.App.2d 281 (1951)

235 P.2d 64

MARY DIPASQUA, Respondent, v. CALIFORNIA WESTERN STATES LIFE INSURANCE COMPANY (a Corporation), Appellant.

Court of Appeals of California, First District, Division One.

August 24, 1951.


Attorney(s) appearing for the Case

Peart, Baraty & Hassard for Appellant.

Raymond J. O'Connor and Regis J. Swetmann for Respondent.


AGEE, J. pro tem.

On September 23, 1945, defendant and appellant issued a policy of insurance on the life of Domenico DiPasqua naming his wife, Mary DiPasqua, as beneficiary. The insured was committed as a mentally ill person on January 15, 1947, and was an inmate of Napa State Hospital at the time of his death on January 29, 1947. Judgment for the widow on her complaint, and against the insurance company on its cross-complaint to cancel the policy, followed a nonjury...

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