Bensinger v. California Life Insurance Company

WEIER, Commissioner.

Summary judgment was entered by the trial court against the plaintiff, Clara C. Bensinger. Plaintiff appealed. We reverse and remand upon a review of these facts:

Albert Bensinger was the husband of plaintiff. Without any illness immediately prior to January 24, 1967, he suddenly and unexpectedly died on that day. Up to the day of his death, Mr. Bensinger was active in the operation of an equipment rental store. This business was incorporated and he was the president of the corporation. By reason of such business activity, Mr. Bensinger was eligible, as an employee of a…