Throne v. Pa. Mutual Life Insurance

Valentine, P. J.,

for court en banc,

This is a case stated to determine the liability of defendant company under the terms of a policy of insurance issued by it December 6, 1937, upon the life of William Throne, plaintiff’s son, wherein plaintiff is named beneficiary. The particular provision which gives rise to the controversy between the parties is as follows:

“Military or Naval Service

“In the event that the insured hereunder engages in military or naval service or any of the allied branches thereof without the written consent of the president, this policy shall be void and the liability of…