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VAN DE WATER v. ORDER OF UNITED COMMERCIAL TRAVELERS

No. 1280A.

7 F.Supp. 369 (1934)

VAN DE WATER v. ORDER OF UNITED COMMERCIAL TRAVELERS OF AMERICA.

District Court, W. D. New York.

June 18, 1934.

Attorney(s) appearing for the Case

Daniel F. Fitzgerald, of Rochester, N. Y. (John A. Millener, of Rochester, N. Y., of counsel), for plaintiff.

Harris, Beach, Folger, Bacon & Keating, of Rochester, N. Y. (E. W. Dillon, of Columbus, Ohio, and Charles S. Wilcox, of Rochester, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

Edmund P. Van De Water died on May 18, 1933. The defendant issued a certificate of insurance to him on October 31, 1923. The application for insurance designated plaintiff as the beneficiary. Concededly death was caused by injuries intentionally inflicted in the course of a robbery or burglary.

At the time when the certificate of insurance was issued, the constitution of defendant contained this provision: "This Order shall not be liable...

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