DiPasqua v. California Western States Life Insurance

AGEE, J. pro tem.

On September 23, 1945, defendant and appellant issued a policy of insurance on the life of Domenico DiPasqua naming his wife, Mary DiPasqua, as beneficiary. The insured was committed as a mentally ill person on January 15, 1947, and was an inmate of Napa State Hospital at the time of his death on January 29, 1947. Judgment for the widow on her complaint, and against the insurance company on its cross-complaint to cancel the policy, followed a nonjury trial.

The cause of death was diabetes. This condition was not known to the insured at the time of the issuance of the policy…