MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. MOYER

No. 8583.

94 F.2d 906 (1938)

MUTUAL BEN. HEALTH & ACCIDENT ASS'N v. MOYER.

Circuit Court of Appeals, Ninth Circuit.

February 11, 1938.


Attorney(s) appearing for the Case

Donahue, Hynes & Hamlin and A. R. Rowell, all of Oakland, Cal., for appellant.

George B. Grigsby, of Juneau, Alaska, and E. Coke Hill, of San Francisco, Cal., for appellee.

Before WILBUR, DENMAN, and STEPHENS, Circuit Judges.


DENMAN, Circuit Judge.

Plaintiff brought action at law in the District Court for Alaska upon a policy of accident insurance issued by the defendant company. The policy, issued in April, 1934, insured plaintiff against accidental injury, but provided that:

"This policy does not cover death, disability, or other loss * * * received because of or while participating in aeronautics. * * *"

In October of the same year, the plaintiff, while a passenger traveling...

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