New York Life Insurance Company, a Corporation v. Mary Ann Atkinson

BRATTON, Chief Judge.

The substance of the ultimate question presented for determination is whether at the time of his death an insured was a member of the crew of an airplane in which he was riding, within the purview of a crucial provision in a policy of life insurance.

The face of the policy was paid. Payment under the double indemnity provision was refused. The named beneficiary instituted the action to recover under such provision. The policy expressly excluded from such provision liability if the death of the insured resulted from “service, travel or flight in any kind of aircraft * * *…