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WHARTON v. PRUDENTIAL INS. CO.

Docket No. 4715.

122 Cal.App.2d 857 (1954)

265 P.2d 956

EMMA B. WHARTON, Respondent, v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA (a Corporation), Appellant.

Court of Appeals of California, Fourth District.

January 26, 1954.

Attorney(s) appearing for the Case

Adams, Duque & Hazeltine, Henry Duque and Robert W. Driscoll for Appellant.

Tobias & Bernard for Respondent.

BARNARD, P.J.

This is an action to recover on an insurance policy. The policy, issued on August 1, 1947, insured the life of Joseph E. Wharton, with an additional benefit in the event of death by accidental means. Wharton died on April 4, 1950. The life insurance was paid, but the defendant refused to pay the accident insurance, contending that death was not caused by accidental means within the meaning of the policy. A jury returned a verdict in favor of the plaintiff...

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