American Casualty Company of Reading, Pennsylvania, a Corporation v. Alice D. Mitchell

BLACKMUN, Circuit Judge.

Ferguson S. Mitchell lost his life when an L-16 Aeronca crashed in Seward County, Nebraska, on October 4, 1964. The issue on the appeal of this diversity suit is whether an exclusionary clause eliminated coverage under a then outstanding and otherwise applicable group accident policy. The policy was one issued by American Casualty Company to Peter Kiewit Sons’ Company and others. It afforded accident insurance to designated officers and employees including the decedent. Mrs. Mitchell, the plaintiff here, was the named beneficiary in her husband’s $50,000 principal sum…