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NEW YORK LIFE INS. CO. v. BENNION

No. 3308.

158 F.2d 260 (1946)

NEW YORK LIFE INS. CO. v. BENNION.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 28, 1946.

Attorney(s) appearing for the Case

Edwin Borchard, of New York City (George A. Critchlow and Walter M. Critchlow, both of Salt Lake City, Utah, Ferdinand H. Pease and Ronald Swinford, both of New York City, on the brief), for appellant.

Shirley P. Jones, of Salt Lake City, Utah, for appellee.

Before HUXMAN and MURRAH, Circuit Judges, and BROADDUS, District Judge.

MURRAH, Circuit Judge.

The New York Life Insurance Company issued its policy of insurance to Captain Mervyn S. Bennion, providing for double indemnity for accidental death, but specifically excluding from its coverage, death resulting from "war or any act incident thereto." The policy is a Virginia contract, executed May 23, 1925. On account of the insured's occupation as a naval officer, an extra premium, equal to the normal charge for double indemnity benefits,...

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