Gits v. New York Life Ins. Co.

ALSCHULER, Circuit Judge.

At the threshold lies appellee’s contention that insured’s death resulted “from engaging in submarine or aeronautic operations,” and that therefore liability for the double indemnity did not arise. The solution of this question depends on what is meant in the policy by the words “engaging in aeronautic operations,” and, specifically, whether a casual passenger in an airplane is “engaging in aeronautic operations.”

Tho very words suggest to us the quality of continuity and frequency, as well as some degree of participation in the use of the instrumentality. It is…