Howe v. Prudential Insurance Co. of America

Deen, Judge.

Georgia has not until now construed the clause in life insurance policies denying coverage where death results "from travel or flight in or descent from” an airplane. This and similar provisions have been the subject of litigation elsewhere under circumstances where the airplane sustained a forced landing and the insured, after surviving the crash, died before rescue. Decisions are widely diverse and basically depend on the construction which the court gives in a proximate cause context. That is, where proximate cause is thought of in its ordinary negligence context as efficient…