Merchants Nat. Bank v. Commonwealth Life Ins. Co.

The insured at' the time of his death was in the military service on active duty in the United States Army during a period when the United States was at war, but his fatal injuries were received in an automobile accident when he was not participating in any military activity and while on weekend leave from his Army post proceeding in a private automobile to visit his wife in a nearby town in Mississippi.

The insurance company contends that the insured’s mere status by enrollment as a. member of a military organization in time of war would render ineffective the double indemnity benefit…