New York Life Ins. Co. v. Durham

MURRAH, Circuit Judge.

On December 1, 1943, the New York Life Insurance Company issued its policy of insurance on the life of Lewis Durham in the sum of $5,234.00, conditioned that the amount payable should be the restricted amount (as therein defined) if the death of insured should occur “outside the home areas while the insured is in the military or naval forces of any country engaged in war. * * * ‘war’ includes undeclared war.”

On September 25, 1945, while the policy was in full force and effect, and insured was in the military forces of the United States, he died outside the home areas…