Wilmington Trust Co. v. Mutual Life Ins. Co.

LEAHY, District Judge.

Summary judgment was to have been entered in favor of defendant, but leave was granted plaintiff to amend the complaint which it did. See D.C., 68 F.Supp. 83. Plaintiff now claims that the aviation rider appearing in the policies in suit refers to civilian flying only and, as there is no provision in the policy excluding liability for war service, plaintiff should recover. The argument is that since death from military flight, had been specifically excluded generally in 'the industry by war riders, it shows that military flights were not excluded before in the. insured’s…