Legal Opinion

Wilmington Trust Co. v. Mutual Life Ins. Co.

District Court, D. Delaware

Decided September 27, 1946No. 499PublishedCited by 15 opinions

1Opinion of the Court

LEAIÍY, District Judge.

This is a suit by plaintiff as executor for recovery under two life, insurance policies. On June 26, 1935, defendant issued two endowment policies for $100,000 to Richard C. duPont. On September 11, 1943, the insured was killed as a result of riding as an observer in the testing of an army experimental transport glider.

Each policy contained a limiting endorsement in the form of an aviation rider which provided: “Death as a result of operating or riding in any kind of aircraft * * * is a risk not assumed under this Policy and if the Insured shall die as a result,…

2Cases cited62 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  3. United States v. JohnsonSupreme Court of the United States · 1944
  4. United States v. MooreSupreme Court of the United States · 1878
  5. Dismuke v. United StatesSupreme Court of the United States · 1936

57 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Wilmington Supply Co. v. Worth Plumbing & Heating, Inc.District Court, D. Delaware · 1980
  2. Wilmington Trust Co. v. Mutual Life Ins.Court of Appeals for the Third Circuit · 1949
  3. Joseph E. Seagram & Sons, Inc. v. Conoco, Inc.District Court, D. Delaware · 1981
  4. Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
  5. McIntyre v. Kansas City Coca Cola Bottling Co.District Court, W.D. Missouri · 1949

10 more not listed; retrieve them via the Exa API.

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