Aetna Life Ins. Co. v. Reed

HUGHES, Justice.

I respectfully dissent.

The majority opinion rests upon the Clapper case, 1946, 81 U.S.App.D.C. 246, 157 F.2d 76. If that decision is sound it should be followed; if not it should be disregarded.1

Construing the same policy provision under essentially identical facts Judge Groner, in the Clapper case [81 U.S.App.D.C. 246, 157 F.2d 77], said: bility exclusion-clause is in precisely the same words as in the present case, but cases, state and federal, construing language more or less similar may be cited in large numbers. In such cases the holding was that the clause ‘participating…