John S. Elliott and Fredda Caldwell Elliott v. Massachusetts Mutual Life Insurance Company

RIVES, Circuit Judge:

Decision of this appeal turns on the application to stipulated facts of an “Aeronautical Risk Exclusion” in a policy of life insurance and a similar “Exception” in the policy’s provision for indemnity benefit for death by accidental means. The insurance company denies liability for the face amount of the policy because of a provision which reads in pertinent part as follows:

“Limitation of Liability Provision.

“Aeronautical Risk Exclusion.

“The following risk is not assumed under the policy:

“Death resulting from travel or flight in, or descent from or with, any kind of…