Mullen v. Pacific Mut. Life Ins. Co.

GOODRICH, Cricuit Judge.

This appeal presents a question of the effect, in an income insurance policy, of an exception clause having to do with service by the insured in the armed forces. Both sides moved for summary judgment in the court below. The trial judge rendered judgment for the defendant.

In 1928, defendant insurance company issued a “non-cancellable income policy” to the plaintiff, Dr. Edward A. Mullen. The policy was delivered in Pennsylvania and the parties are agreed that the question in this case is one of Pennsylvania law.

Paragraph 21 of the policy begins “This insurance does not…