Rozdzielski v. Home Life Insurance

Winnet, J.,

This is a suit by a beneficiary under a policy of insurance issued by defendant, upon the life of her son, to recover the sum of $1,000. The policy was issued on April 6, 1942. The statement of claim avers that insured died on December 8, 1944, having been killed in action. The policy attached to the statement contains a war clause reading as follows:

“Military or Naval Service : — If the insured shall engage in any Military or Naval Service in time of war without the consent in writing of an Executive Officer of the Company, the liability of the Company in event of the death of the…