Matter of Met. Life Ins. Co. v. Conway

Cardozo, Ch. J.

Metropolitan Life Insurance Company, the petitioner, applied to the Superintendent of Insurance, the predecessor of the present appellant, for his approval of a rider to be attached to its policies. The rider submitted was in the following form: “ Death as a result of service, travel or flight in any species of air craft, except as a fare-paying passenger, is a risk not assumed under this policy; but, if the insured shall die as a result, directly or indirectly, of such service,'travel or flight, the company will pay to the beneficiary the reserve on this policy.” The…