Peters v. Prudential Insurance Co. of America

The defendant insured plaintiff’s husband against death resulting from bodily injuries caused solely through external, violent, and accidental means, except where such death resulted “ from having been engaged in aviation or submarine operations or military or naval service in time of war.” He was *781killed while riding as a passenger in an airplane, and it is now claimed that his death resulted while “ engaged in aviation,” and that the phrase “ in time of war ” does not apply to this situation. The clause quoted above is ambiguous, it is apparent, from the opposing constructions which the…