New York Life Ins. Co. v. Wilson

POPE, Circuit Judge.

I dissent. In my opinion the majority have completely disregarded the controlling Idaho decision and have ignored the clear and unequivocal language of the policy.

The exclusion clause, quoted at length in the majority opinion, provided that: “Double indemnity shall not be payable if the insured’s death resulted * * * directly or indirectly, from infirmity of mind or body, from illness or disease, or from any bacterial infection * * * ” etc.

The facts of the case as we must deal with them, are those disclosed by plaintiff’s own witnesses, — those most favorable to her. The…