Davilla v. Liberty Life Insurance

GRAY, J., pro tem.

The beneficiary, named in a policy of accident insurance, received a verdict holding the insurer liable in the amount of the policy for her husband’s death. From the judgment entered thereon, the latter appeals, urging as reasons for reversal: that a juror’s prejudice denied it a fair and impartial trial; that the evidence establishes that the cause of death was a risk not covered by the policy, and excepted therefrom; and that the jury was erroneously instructed.

Before considering these matters, attention will be directed to respondent’s motion to dismiss this appeal upon…