Totten v. New York Life Insurance

The sole issue in this petition for review is whether the term “any aircraft” in the exclusion clause of a life insurance policy includes a hang glider. We hold that a hang glider is included in the term “any aircraft.”

In May 1980, Dale Totten purchased an insurance policy from the defendant, New York Life Insurance Co., insuring his life in the face amount of $25,000. The policy also contained an accidental death benefit in the additional sum of $25,000. Dale Totten’s wife, Kristi A. Totten, was named the primary beneficiary.

On April 9,1982, Dale Totten died by drowning when the hang glider…