McDANIEL v. CALIFORNIA-WESTERN STATES LIFE INS. CO.

No. 12967.

181 F.2d 606 (1950)

McDANIEL et al. v. CALIFORNIA-WESTERN STATES LIFE INS. CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 23, 1950.


Attorney(s) appearing for the Case

C. W. Kennedy, Jr., Crockett, Tex., for appellants.

Tarlton Morrow, Houston, Tex., for appellee.

Before HOLMES, McCORD, and BORAH, Circuit Judges.


McCORD, Circuit Judge.

This suit was brought by the widow of Roy Lee Smith against California-Western States Life Insurance Company on a policy of life insurance in the face amount of $5,105.

The principal questions confronting us for determination are (1) whether an aviation exclusion clause constitutes a valid and effective part of the policy contract; and if so, (2) whether the insured met his death within the exclusion of such clause, so as to preclude...

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