Martin v. Insurance Co. of North America

Plaintiff seeks to recover as beneficiary under an accident policy issued by defendant covering her husband as the named insured.

After a jury verdict in her favor, the trial court entered judgment in favor of defendant, non obstante veredicto. Plaintiff appeals, assigning error to the entry of the judgment, non obstante veredicto, and also to one of the instructions submitted to the jury.

At the outset, therefore, we are confronted with the rule of construction as clearly enunciated in Grange v. Finlay, 58 Wn.2d 528, 529, 364 P.2d 234 (1961):

Such a motion involves no element of discretion and…