DAMAN v. NEW YORK LIFE INS. CO.

No. 76-1003.

540 F.2d 382 (1976)

Judith R. DAMAN, Appellant, v. NEW YORK LIFE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 29, 1976.


Attorney(s) appearing for the Case

Robert E. O'Connor, Jr., Omaha, Neb., for appellant; Robert E. O'Connor and Charles A. Nye and J. Patrick Green, Omaha, Neb., on brief.

John R. Barton, Crossman, Barton & Norris, Omaha, Neb., for appellee.

Before BRIGHT and WEBSTER, Circuit Judges, and TALBOT SMITH, Senior District Judge.


TALBOT SMITH, Senior District Judge.

The action before us concerns three policies of life insurance. The insured was killed in an airplane crash. The defendant has paid the face amount of the policies, but denies liability for payments of double indemnity thereunder, relying on a clause in the policies providing that "the Accidental Death Benefit will not be payable if death * * * results from * * * (c) travel or flight in any kind of aircraft * * * while the Insured...

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