Metropolitan Life Ins. v. Halcomb

DENMAN, Circuit Judge.

This is an appeal from a judgment based on findings of an agreed special verdict of the jury and the court and its legal conclusions therefrom. Appellant insured the respondent administrator’s deceased intestate, George R. Halcomb, herein called the insured, against accidental death under a double indemnity provision making the company liable in the event “that death shall not have resulted from bodily injuries sustained while participating in aviation or aeronautics except as á fare paying passenger.”

The insured was killed in an airplane accident on a search for a…