Elkins v. Ætna Life Ins. Co. of Hartford

HUTCHESON, District Judge.

This is a suit on an accident policy containing a pro rata clause as follows:

“In the event the insured is injured after having changed his occupation to one classified by the company as more hazardous than that stated in the policy, or while he is doing any act or thing pertaining to any occupation so classified, except ordinary duties about his residence or while engaged in recreation, in which event the company will pay only such portion of the indemnities provided in the policy as the premium paid would have purchased at the rate but within the limite so fixed by…