CLARK v. LONE STAR LIFE INSURANCE COMPANY

No. 3827.

347 S.W.2d 290 (1961)

Beulah May Hammack CLARK et vir, Appellants, v. LONE STAR LIFE INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 15, 1961.


Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellants.

Turner, White, Atwood, McLane & Francis, Dean Carlton, Dallas, for appellee.


WILSON, Justice.

Appellant is named beneficiary in a life insurance policy issued by appellee to deceased, who was killed in making a parachute jump.

The policy contained a rider termed "Exclusion of Aviation Risk" which provided: "If the insured shall die as a result, directly or indirectly, from travel or flight in or on any species of aircraft, except as a passenger ("passenger" does not include the pilot, co-pilot, stewardess, mechanic or any other member...

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