Spaid v. Cal-Western States Life Insurance

Opinion

RACANELLI, P. J.

On appeal from a judgment of nonsuit, we consider whether the evidence presented a question of fact under an insuring agreement providing for payment of accidental death benefits for injury sustained as a result of “external means.”1 We conclude that under applicable principles of law, the order of nonsuit was erroneous requiring reversal.

The record discloses the following: Decedent was found dead by the side of his bed at approximately 11 p.m. on December 29, 1972. A small pool of vomitus and an undigested piece of steak one-half inch in diameter, were found near the…