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NEW YORK LIFE INSURANCE COMPANY v. CHILDS

No. 71-34.

252 So.2d 288 (1971)

NEW YORK LIFE INSURANCE COMPANY, a New York Corporation, Appellant, v. Virginia K. CHILDS, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 30, 1971.

Attorney(s) appearing for the Case

Shutts & Bowen and William J. Kendrick, Miami, for appellant.

Ralph & Boyd, Miami, for appellee.

Before SWANN, C.J., and HENDRY and BARKDULL, JJ.

PER CURIAM.

Virginia K. Childs sued New York Life Insurance Company to recover as the beneficiary under the double indemnity provisions of a life insurance policy it had issued to her deceased husband. Defendant denied liability and alleged that the accidental death of her insured husband fell within this policy exclusion:

"* * * the double indemnity benefit will not be payable if such death results from * * * travel or flight in any kind of aircraft (including...

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