Mayer v. New York Life Ins. Co.

ALLEN, Circuit Judge.

The sole legal question involved in this ease is whether the death of a passenger killed by the fall of an airplane upon a regularly scheduled trip “resulted * * * from engaging, as a passenger or otherwise, in * * * aeronautic operations.”

The facts are not in dispute. The appellee insured the decedent of the appellants under a policy which carried a provision for double indemnity benefit in ease of death by accidental means. The policy provided that “This Double Indemnity Benefit will not apply if the Insured’s death resulted * * * from engaging, as a passenger or…