Long v. California-Western States Life Insurance

WOOD (Parker), J. Clarence R. Long died on July 7, 1949, as the result of a gunshot wound, and at that time three policies of insurance on his life, which had been issued by the defendant company, were in effect. His wife was the principal beneficiary and his children were alternate beneficiaries under those policies. They commenced this action to recover money which would be payable under said policies if his death resulted from an accident.

One of the policies, issued in 1941, was for $5,000, and provided for double indemnity in the event of death by accidental means. Defendant paid the $5,000 on that policy, and denied liability under the double indemnity provision, contending that the insured committed suicide. Each of the other policies, issued on January 22, 1948, was for $10,000, and provided that: “In case of suicide of the insured . . . within two years from the date of issue . . . the limit of recovery .... shall be the total amount of the premiums paid, less any indebtedness hereon.” The death occurred about 1% years after those two policies were issued, and defendant denied that any money was payable thereunder except the amount of premiums paid, and it alleged that payment of said amount had been tendered.

The verdict of the jury was in favor of plaintiffs and judgment was entered in accordance therewith. Defendant’s motion for a new trial was granted on the ground that the evidence was insufficient to justify the verdict. Plaintiffs appeal from the order granting a new trial.

Appellants contend that the granting of the motion for a new trial was an abuse of discretion. It seems to be their theory that Mr. Long went out of his house in the nighttime to investigate the barldng of dogs and that the gun which he was carrying was discharged accidentally when he tripped over a string which was tied to the porch. Respondent [256](defendant) contends that the evidence points overwhelmingly to suicide and excludes any reasonable theory that death resulted from accident.

Mr. and Mrs. Long, their two sons (ages 4 and 5), and his two daughters (ages IS and 15) by a prior marriage, resided on a ranch near Paso Robles. On the evening of July 6, 1949, Mr .and Mrs. Long and their sons had dinner at a restaurant which was about 10 miles from the ranch. The restaurant was operated by their friends, Mr. and Mrs. Gowans. About 1 a. m. Mr. and Mrs. Long and the boys left the restaurant and went home. Mrs. Long, according to her testimony, was driving the automobile on the way home, but Mr. Long wanted to drive and she stopped the automobile and he drove the remainder of the way home. When they returned home the daughters were in bed. Mr. Long went into his bedroom and undressed. Mrs. Long put the boys to bed, and then she went into the bedroom where Mr. Long was. According to her testimony, he was in bed and he asked her how soon she was coming to bed; she told him she was tired and was going to sleep on the couch in the living room; he was angry and they passed a few words; he said that she “was being a hell of a wife”; she replied that she thought she was a good wife and mother; she went into the living room and went to sleep on the couch; when she awakened she heard Mr. Long talking to her and at the same time she heard the dogs (which were outside) barking; she heard Mr. Long say something about “not bothering” her, and he then went outside; about a second later she heard a shot; she ran outside, saw him lying on the grass, and saw a mass of blood; she began screaming for Shag (the hired man); about that time the two daughters came out and one of them ran to Shag’s house, about a block away, to get him; decedent (Mr. Long) was lying face down and his hands were under him; she (witness) and Shag turned him over and put him on a blanket; a gun (a German Luger) was in his right hand, and when they turned him over it “fell off” and Shag picked it'up; at that time she thought decedent had been shot in the right temple. She testified further that she had seen the gun quite a few times; decedent kept it in the top drawer of his dresser with his socks, and she saw it there the day before his death when she put the laundry away. On cross-examination she testified that, in a statement which she made to counsel for defendant in September 1949, she had said she did not know where decedent