Amaral v. United Benefit Life Insurance

ADAMS, P. J. This is an appeal from a judgment in favor of plaintiff in an action brought by her to recover the value of a life insurance policy issued by appellant upon the life of plaintiff’s deceased husband, August P. Amaral. The policy was issued in May, 1942, without medical examination, upon the solicitation of a salesman employed by an agency. It is conceded that all premiums due thereon were paid up to the time of the death of Amaral in October, 1942. Defendant refused payment to plaintiff, the beneficiary, alleging in its answer to plaintiff’s complaint that the policy had been issued in reliance upon answers to questions set forth in the written application which Amaral made, and that in said application Amaral concealed from defendant and misrepresented material facts, particularly in that he represented that he was sound mentally and physically; that he had never had “Kidney Disease”; that he had not had any local or constitutional disease within five years, and that he was then in good health. It was further alleged on information and belief that Amaral’s answers were false, fraudulent and un[187]true in that at the time the application was made Amaral was not physically or mentally sound, hut, on the contrary, was in poor health and was suffering from chronic nephritis, which fact was known to him.

The cause was tried by the court sitting without a jury, and at the conclusion of the hearing findings of fact were filed in which the allegations of plaintiff’s complaint were found to be true and it was specifically found that the foregoing allegations of the answer were untrue.

Appellant here contends that the findings are without support in the evidence, particularly the finding that it was not true that at the time of the making of the application Amaral was in poor health and suffering from disease, or that such fact was known to Amaral, and the finding that it was not true that at said time he had suffered from chronic nephritis or that said fact, was known to him. Appellant asserts that proof offered by it of the existence of kidney disease in Amaral “was clear and uncontradicted and that there was no evidence adduced from which the trial court was justified in finding to the contrary.”

This contention calls for a reiteration of the well established rule that where, on appeal, it is contended that findings of a trial court are not sustained by the evidence, the duty of an appellate court begins and ends with a determination as to whether there is in the record any substantial evidence—whether contradicted or uncontradicted—which, taken in its most favorable aspect together with reasonable inferences therefrom, is sufficient to support the judgment; and that when two or more inferences can reasonably be deduced from the facts, a reviewing court is without power to substitute its deductions for those of the trial court. (Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [45 P.2d 183]; Estate of Bristol, 23 Cal.2d 221, 223-224 [143 P.2d 689].)