Dempsey v. National Life & Accident Insurance

Defendant appeals from a judgment entered on a verdict in an action brought by the beneficiary of an insurance policy issued on the life of the insured, who died on Bataan Peninsula in the Philippine Islands February 9,1942, having been killed in action while in the service of the military forces of the United States. Pending the action, the administrator of the beneficiary was substituted as plaintiff.

To the policy, issued August 23, 1940, was attached a rider entitled “Special Conditions Relating to Military or Naval Service and War Deaths,” in part as follows:

“The insured may not serve in…