Commander v. Fidelity & Casualty Co.

BARKSDALE, District Judge.

This is an action upon an insurance policy issued by defendant, The Fidelity and Casualty Company of New York, to Joseph C. Commander, the plaintiff, Emmadean N. Commander, being named therein as beneficiary. By the terms of the policy, the Company agreed to insure the insured on one airline trip between Newark, New Jersey, and Provincetown, Massachusetts, to be taken on July 8, 1953, and agreed to pay the beneficiary the principal sum of $25,000 if the insured lost his life by reason of injuries sustained during the trip, provided that the injuries sustained fell…