Gagliormella v. Metropolitan Life Ins. Co.

WYZANSKI, District Judge.

This is an action of contract by which plaintiffs seek to recover the additional death benefit payable for death by accidental means, under two policies of life insurance issued by the defendant upon the life of Anthony H. Gagliormella, who designated plaintiffs as his beneficiaries.

It is admitted that the insured died by accidental means, but it is contended that the additional death benefit is not payable because the insured died in the military forces of a “country at war” (to use the language of one of the policies), and as “a result of an act of war” (to use the…