United Services Life Ins. Co. v. Bischoff

EDGERTON, Circuit Judge.

The insurance company appeals from a judgment for the beneficiary in a suit on a policy. The insured, an army captain, , was killed in action piloting a fighter plane. “Captain Bisc.hoff was the pilot and sole occupant of a P-38 type aircraft which was engaged in a strafing mission on 10 June 1944. He flew down to strafe a locomotive and the right wing of his plane came in contact with the locomotive as. he banked away. * * * [The plane] crashed and burned * * *. The remains of the pilot were recovered and buried.”

The policy in suit, like that in Boye v. United…