Rodde v. Continental Ins. Companies

Opinion

ROTH, P. J.

Appellant was the named beneficiaiy under a policy of travel accident insurance issued by one of the respondents to John Bevel as' the insured. On December 23, 1972, Bevel and his companion Pat Dean planned to travel by air from Los Angeles to San Diego. A taxi had

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been ordered the evening before to meet them at Dean’s apartment the next morning between 8:30 and 9 a.m. When it failed to arrive at the earlier time, Dean called the cab company again at 8:35 and 8:38 and at least one other time around 9. During this period Bevel had stationed himself on the grass parkway next to the curb with the couple’s luggage on a cement walkway to the street. The curb area in front of the apartment was then wholly occupied by parked cars. On a final occasion, Dean returned to her apartment to retrieve a coat and was absent some 45 seconds. When she left, Bevel was still standing on the grass parkway. When she returned, she saw two cabs double parked in front of the building and Bevel on the ground to the right side thereof, some three to five feet from the first of the cabs but not in the street. When she rushed to him she noted blood emanating from his right ear. He was assisted by Robert Cash, driver of one of the cabs, and another man into Dean’s apartment and was taken thence to the hospital where he died from a massive subdural hematoma on December 26, 1972. At the time Dean reached Bevel she was the only person at his side. Cash, who had arrived at 9:40 a.m., did not observe Bevel or anything in connection with Bevel before Dean called his attention to Bevel lying on the ground. Bevel was incoherent after his injury and until his death.

Following presentation to the court sitting without a jury of the evidence so summarized, appellant rested. Respondents’ motion under Code of Civil Procedure section 631.8

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was granted. The appeal is from the judgment in respondents’ favor.

In its findings of fact the trial court determined:

“4.

The policy of insurance provided for coverage to the insured, John Haskell Bevel, ‘Against loss resulting directly and independently of all other causes from accidental bodily injuries sustained during the term of this policy subject to the coverage clause and all other terms, conditions and limitations herein contained . . . .’