Boye v. United Services Life Ins.

EDGERTON, Associate Justice.

The plaintiff appeals from a judgment for the defendant in a suit on a life insurance policy. Appellee relies on a clause in the policy which (with irrelevant exceptions) limited recovery to premiums paid if death was “due to operating or riding in any kind of aircraft.”

War Department documents duly admitted in evidence are all there is to show the cause of death. They state that Lieutenant Boye, the insured, “was performing his regularly scheduled duties of pilot of a B-17 (Flying Fortress) bomber which participated in a bombardment mission over Germany on 25…