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ARATA v. CALIFORNIA-WESTERN STATES LIFE INS. CO.

Docket No. 34769.

50 Cal.App.3d 821 (1975)

123 Cal. Rptr. 631

PATRICIA ARATA, Plaintiff and Respondent, v. CALIFORNIA-WESTERN STATES LIFE INSURANCE COMPANY, Defendant and Appellant.

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

August 22, 1975.

Attorney(s) appearing for the Case

COUNSEL

Bishop & Barry and Neil R. Bardack for Defendant and Appellant.

Walkup, Downing & Sterns and William B. Boone for Plaintiff and Respondent.

OPINION

TAYLOR, P.J.

This appeal by the insurer from a judgment in favor of the widow of the insured for double indemnity death benefits presents a question of first impression in this state as to whether the exclusionary clause of the insurance policy issued by California-Western comes within the "prime or moving cause" rule of Brooks v. Metropolitan Life Ins. Co., 27 Cal.2d 305, 310 [163 P.2d 689], as the court below...

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