McDaniel v. California-Western States Life Ins. Co

McCORD, Circuit Judge.

This suit was brought by the widow of Roy Lee Smith against California-Western States Life Insurance Company on a policy of life insurance in the face amount of $5,105.

The principal questions confronting us for determination are (1) whether an aviation exclusion clause constitutes a valid and effective part of the policy contract; and if so, (2) whether the insured met his death within the exclusion of such clause, so as to preclude recovery under the policy except for the premiums paid thereon.

The material facts, as stipulated and found by the trial court, reveal that…