Bologna v. New York Life Ins. Co.

It is my opinion that the plaintiff is entitled to recover the $1,000 under the double indemnity provisions of the policy for two reasons: (1) that the exclusionary clause relied upon by the insurance company is too vague and ambiguous to be invoked, in that it does not with certainty and precision point out just what are to be considered acts incidental to war, and (2) that Bologna's death resulted not "directly or indirectly from war or any act incident thereto," but from an incident of a peril of navigation which is prevalent in times of peace as well as in times of war.

I concede that a…