McKenzie v. Los Angeles Life Insurance

PLUMMER, J.

This cause is before us upon an appeal by the People’s Mutual Life Insurance Company, a corporation, from an order made and entered in the trial court denying said defendant’s motion for a change of venue.

On the twenty-eighth day of September, 1927, the plaintiff filed an amended complaint in this cause, from which it appears that the corporation known as the Mutual Indemnity Accident Health and Life Insurance Company of Cali

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fornia, and having its principal place of business at Los Angeles, was regularly incorporated on the twentieth day of February, 1924; that thereafter, and on or about the fifteenth day of December, 1926, the name of said corporation was changed to that of Los Angeles Life Insurance Company; that on or about the twenty-fifth day of May, 1926, said corporation, while doing business under the name of Mutual Indemnity Accident Health and Life Insurance Company of California, for a valuable consideration, issued to the plaintiff a policy of insurance, a copy of which is attached to the complaint, whereby it agreed to pay the plaintiff certain sums in the event of an injury occurring to the plaintiff, as provided and set forth in said policy of insurance, and thereby insuring the plaintiff against any injury that should be received from external violent or accidental means; that after the issuance of said policy, and on the fourth day of August, 1926, the plaintiff, while engaged in his work in the county of Sacramento, as a plasterer, was injured by reason of a scaffolding, upon which he was standing, slipping from under him and precipitating him to a sidewalk below, resulting in the fracture of the bones of the plaintiff’s left foot, and also spraining the plaintiff’s left ankle, etc.; that at the time of the plaintiff’s receiving the injuries above stated, the insurance policy referred to was in full force and effect, and the said Mutual Indemnity Accident Health and Life Insurance Company of California became charged with the duty of paying to the plaintiff the sums of money specified as indemnity in the policy of insurance issued by it to the plaintiff. It further appears that on or about the thirty-first day of May, 1927, the People’s Mutual Life Insurance Company, a corporation, duly organized and existing under the laws of the state of California, and having its principal place of business in the city of San Francisco, duly authorized to transact an insurance business, assumed all the insurance contracts entered into by the said Mutual Indemnity Accident, Health and Life Insurance Company of California, and agreed to discharge all outstanding insurance contracts and liabilities incurred by the said Mutual Indemnity Accident Health and Life Insurance Company of California, including, among said contracts of insurance so assumed, the liability of said Mutual Indemnity Accident Health and Life Insurance Com-