Alumbaugh v. Underwriting Members of Lloyd's, London

Finley, J..This is an action in contract. It is brought by plaintiff Alumbaugh to collect, as the named beneficiary, under an accident insurance policy issued by Underwriting Members of Lloyd’s, London.

The policy insured the life of one McSwane, a partner of Alumbaugh in the A & M Flying Service. The insured partner was killed in an airplane which crashed near Tonasket, Washington, on October 16, 1955.

The insurance company disclaimed liability under the policy on the basis of the following exclusions or exceptions:

*332“Exclusions — This policy does not cover death, injury or disablement—

“ (d)…