Clarke v. States Steamship Co.

ROCHE, Chief Judge.

This is a libel brought by the surviving brother and sister of a deceased seaman to collect a $5,000 death benefit provided under an insurance policy covering all members of the crew and provided by the shipowner. This policy was patterned after the insurance provided for seamen aboard government owned vessels, 46 U.S.C.A. § 1281 et seq., and contains identical provisions. A substantial number of claims for death benefits based on said insurance policy have been paid to the beneficiaries of the crew members of the ship.

The facts of this case are as follows:

On January 9,…