Bergera v. Ideal National Life Insurance Company

ELLETT, Justice:

The plaintiff is the beneficiary of a life insurance policy containing a double indemnity provision in case of the accidental death of the insured. The insured died of injuries received while serving in the army of the United States in Vietnam. He was fatally injured when he accidentally detonated a mechanical ambush device while returning to a night defensive position. At the time, the United States had a great number of military personnel engaged in personal combat operations against soldiers of North Vietnam.

The policy of insurance contained the following provision:

RISKS…