Mutual Benefit Health & Accident Association v. Warren G. Brunke

JONES, Circuit Judge.

On April 5, 1955, Warren G. Brunke, who was the plaintiff in the district court and is the appellee here, purchased through a vending machine at an airport in Chicago, Illinois, a policy of airline trip insurance to cover a round-trip flight from Chicago to Augusta, Georgia, on Delta Airlines, Inc. The policy was issued by Mutual Benefit Health & Accident Association, the defendant in the district court and the appellant here. Overprinted across the face of the policy in bold red print were the words, “Read Carefully. This Policy is Limited to Aircraft Accidents on…