Childress v. Continental Casualty Co.

MEMORANDUM OPINION AND ORDER

EDWARD J. BOYLE, Sr., District Judge:

Plaintiff is the named beneficiary on a life insurance policy purchased by her husband, Robert Childress, and issued by defendant, Continental Casualty Company. On April 25,1976, Childress was killed while engaged in sport parachuting when his parachute failed to open. Defendant has refused to pay the policy proceeds because it contends that the parachuting accident comes' within an exclusion from coverage contained in the policy. Plaintiff brings this suit to enforce payment of the stipulated death benefit of $12,500, and for…