Smith v. Massachusetts Mut. Life Ins.

SIBLEY, Circuit Judge.

The situation, as shown by the record, is this. Appellant, Mrs. Selene R. Smith, is beneficiary in two policies of life insurance on the life of her husband for $5,000 each issued in 1934 by the appellee Massachusetts Mutual Life Insurance Company. Each contains a provision that if the death of the insured shall result directly or indirectly from operating or being in or on or riding in any kind of aircraft, whether as a passenger or otherwise, the amount payable shall be limited to the reserve less any indebtedness. The reserve on each is a little over $700. On January…