Jackson v. North America Assur. Soc. of Va., Inc.

In February 1952 Christine. Jackson bought a policy from North America Assurance Society of Virginia, Incorporated, insuring against the death of her grandson Calvin E. Cook by accidental means. The policy excluded, however, death “by war or any act of war or suffered by the Assured while in military or naval service in time of war”. In May 1969 Cook, “who was a member of the United States Army on active duty, was killed in Vietnam while a passenger on a military vehicle on a military mission when the vehicle overturned by accident”.

Relying on the exclusionary clause, the Insurance Company…