Judith R. Daman v. New York Life Insurance Company, a Corporation

TALBOT SMITH, Senior District Judge.

The action before us concerns three policies of life insurance. The insured was killed in an airplane crash. The defendant has paid the face amount of the policies, but denies liability for payments of double indemnity thereunder, relying on a clause in the policies providing that “the Accidental Death Benefit will not be payable if death * * * results from * * * (c) travel or flight in any kind of aircraft * * * while the Insured * * * is a pilot of such aircraft * * *. 1 The District Court 2 held that double indemnity was not payable to plaintiff under…