Savage v. Sun Life Assur. Co. of Canada

DAWKINS, District Judge.

Plaintiff’s suit is upon a life insurance policy of the face value of $2500, but double that amount or $5000 is claimed, on the basis of alleged accidental death by external and violent means. Defendant admitted its liability in the face amount but denied the right to recover the additional $2500, for the reason that the death of the insured was caused by the bombing of Pearl Harbor on December 7, 1941, thus creating a condition of war and relieving insurer from the duty of paying double indemnity under the terms of the policy.

The facts have been stipulated to the…