Arata v. California-Western States Life Insurance

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 found. For the reasons set forth below, we have concluded that the judgment must be affirmed.

The matter was submitted to the court below as a question of law on stipulated facts…