Commercial Insurance Company of Newark, New Jersey, a Corporation v. Edwin Scott Orr

VOGEL, Chief Judge.

Commercial Insurance Company of Newark, New Jersey, defendant-appellant, issued an accident policy on March 13, 1962, wherein Edwin C. Orr, father of plaintiff-appellee, Edwin Scott Orr, was the named insured and plaintiff-ap-pellee was the beneficiary as well as the designated owner of the policy. Yearly renewals kept the policy in force during all the times hereinafter considered.

On April 11, 1964, the insured, Edwin C. Orr, died as the result of “aspiration of vomitus due to acute alcoholic gastritis”. Plaintiff-appellee made claim under the aforesaid policy and, upon…