Diana Weddington Spiess v. United Services Life Insurance Company

MURRAH, Chief Judge.. This is an appeal from a summary judgment in a diversity suit filed in the District of New Mexico by the beneficiary of a United Services Life Insurance policy to recover its face amount due to the death of her insured aviator-husband. As finally issued, the policy contained a rider which limited recovery to the return of the premiums if the policy became a claim by “death of the Insured due to any service, training, travel, flight, ascent or descent in, on, or from any species of aircraft at any time”, but excepted from the limitation “death resulting from travel as a…