United Services Life Insurance Company v. Joan Flores Delaney

The District Court rendered judgment in this case for appellee, the beneficiary under a contract of life insurance on her husband who was killed while on a night training flight in an army airplane which he was piloting and in which he was the sole occupant. A divided panel of this court affirmed. United Services Life Insurance Company v. Delaney, 5 Cir., 1962, 308 F.2d 484. The case was considered en banc on motion for rehearing. We then abstained from further consideration of the matter and instructed appellant to institute a declaratory judgment proceeding in the Texas State courts for a…