Sutton v. United States

HARRIS, District Judge.

Libelant, as the widow and designated beneficiary of her deceased husband, Captain Edgar Sutton, seeks recovery of death benefits as provided in the Group Life and Disability Insurance Policy issued by respondent, known as Second Seamen’s War Risk Policy (46 U.S.C.A. § 1101 et seq.) as amended March 24, 1943.

The facts giving rise to the controversy, briefly stated:

Decedent’s vessel, SS. Hall Young, while under his command and as it was docked at the Port of Darwin, Australia, was subjected to a swift and unexpected enemy attack and aerial bombardment by Japanese planes…