Gibbs v. Equitable Life Assurance Society of the United States

Harold Gibbs took out a policy in favor of his mother, this plaintiff, whereby defendant insured his life. The policy provides for double indemnity for death by accident, unless it should result from or be caused directly or indirectly by “ * * * military or naval service of any ldnd in time of war or by engaging as a passenger or otherwise in submarine or aeronautic expeditions.” While the insured was traveling as a passenger from Albany to New York in an airplane operated by Coastal Airways, Inc., which maintained a regular passenger service, the machine fell and Mr. Gibbs sustained mortal…