Bates v. John Hancock Mutual Life Insurance

The plaintiff appeals from a judgment for the defendant in a case submitted upon an "agreed statement of facts.” The plaintiff, a beneficiary of two life insurance policies on the life of her son (insured) issued by the defendant, seeks to recover double indemnity under the accidental death provisions of the policies. The insured was killed in the crash of a rented plane which he was piloting. Recovery is excluded under those provisions if the accidental death results from "[tjravel, flight or descent in or from any kind of aircraft... which the [ijnsured is aboard to perform specific duties…