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JACKSON v. NORTH AMERICA ASSUR. SOC. OF VA., INC.

183 S.E.2d 160 (1971)

212 Va. 177

Christine JACKSON v. NORTH AMERICA ASSURANCE SOCIETY OF VIRGINIA, INCORPORATED.

Supreme Court of Virginia.

September 1, 1971.

Attorney(s) appearing for the Case

Morton B. Spero, Petersburg, Michael H. Levinson, Petersburg, on the brief, for plaintiff in error.

Malcolm M. Christian, Richmond (Cutchins, Wallinger, Christian & House, Richmond, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

GORDON, Justice.

In February 1952 Christine Jackson bought a policy from North America Assurance Society of Virginia, Incorporated, insuring against the death of her grandson Calvin E. Cook by accidental means. The policy excluded, however, death "by war or any act of war or suffered by the Assured while in military or naval service in time of war". In May 1969 Cook, "who was a member of the United States Army on active duty, was killed in Vietnam while a passenger...

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