Hawkins v. STATE LIFE INSURANCE COMPANY

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This is an action by the beneficiary of a life insurance policy to recover the proceeds allegedly due and payable on the insured’s death which occurred June 11, 1968. Defendant seeks to defeat recovery on the ground that the circumstances of death preclude recovery under the aviation exclusion provision attached to the policy. Plaintiff contends that the insured’s death resulted from a war risk instead' of an aviation risk.

When he applied to defendant for insurance, the insured represented that he would enter the United States Army as a pilot. In…