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WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO.

Civ. A. No. 499.

76 F.Supp. 560 (1948)

WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO. OF NEW YORK.

District Court, D. Delaware.

As Amended March 2, 1948.

Attorney(s) appearing for the Case

E. Ennalls Berl, William S. Potter and Vincent A. Theisen (of Southerland, Berl & Potter), all of Wilmington, Del., and Donovan, Leisure, Newton & Lumbard, of New York City, for plaintiff.

James R. Morford (of Marvel & Morford), of Wilmington, Del., Charles I. Thompson, of Philadelphia, Pa., and Louis W. Dawson, of New York City, for defendant.

LEAHY, District Judge.

Summary judgment was to have been entered in favor of defendant, but leave was granted plaintiff to amend the complaint which it did. See D.C., 68 F.Supp. 83. Plaintiff now claims that the aviation rider appearing in the policies in suit refers to civilian flying only and, as there is no provision in the policy excluding liability for war service, plaintiff should recover. The argument is that since death...

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