Merchants Nat. Bank v. Commonwealth Life Ins. Co.

The policy in question with reference to the double indemnity benefits contains the following provisioñ, as set out in the opinion of the Court of Appeals: “The provision for Double Indemnity Benefits .shall cease to be in force * * * (b) if the Insured engages in military or naval service in time of war.”

It is our opinion that the provision for double indemnity benefits did cease to be in force prior to the death of the insured, and was not then in force because he had subsequent to the issuance of the policy engaged in military service in time of war, and such service had not terminated at…