National Bank of Commerce v. New York Life Ins.

This suit was brought to recover a double indemnity on a life insurance policy providing* therefor in the event of death of the insured from accidental causes. The insured in the instant case, Virgil E. Miller, was killed while traveling* as a pay passenger on a regular scheduled flight of an airplane on a trip betweeen Nashville and Memphis, while the airplane was being operated by the American Airlines.

Liability was denied by the Insurance Company in reliance upon an excepting provision of the policy that double indemnity benefits ‘ ‘will not apply if the insured’s death resulted from…