McBride v. Prudential Ins. Co. of America

There are two questions raised in this case:

1. Is the phrase, “regularly scheduled passenger flight of a commercial aircraft,” as used in the policy of life insurance, aAibiguous ?

2. Does the incontestability provision in a policy of life insurance act as a limitation or invalidation of an aviation ' rider, where such incontestability provision does not include the aviation rider as an exception to such provision?

The policy here in question contains a rider, attached thereto, designated “War and Aviation Clause.” Among other things, the rider provides that the liability of the insurer is…