Caruso v. John Hancock Mutual Life Insurance

Davidson, 0. C. J.

This case, ‘of novel impression, and involving no disputed questions of fact, was, by stipulation, tried by the court without a jury.

Plaintiff seeks to recover the face amount of a policy of insurance issued to Frank Caruso, his son, on June 18th, 1942, in which policy he was named as beneficiary. Insured, while serving as a soldier in the United States Army, was killed by enemy action on March 26th, 1945, in the Battle of the Bulge during an advance in Brey, Germany.

The policy contained a War and Aviation Kisk Exclusion Provision, the pertinent clauses of which read as…