First Nat. Bank of Chattanooga v. Phœnix Mut. Life Ins. Co.

MOORMAN, Circuit Judge.

Suit was brought by the appellant to recover the double liability under three policies of insurance issued by appellee upon the life of Patten, who was killed in an aeroplane accident. Each of the policies provided that the double indemnity benefit should not be payable if the death of the insured resulted “directly or indirectly, wholly or partly * * * from participation in aeronautic * * * operations.” The pleadings were framed to present the single issue as to whether the insured’s death came within the terms of these policy provisions. The ease was submitted to the…