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WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO.

No. 499.

68 F.Supp. 83 (1946)

WILMINGTON TRUST CO. v. MUTUAL LIFE INS. CO. OF NEW YORK.

District Court, D. Delaware.

September 27, 1946.

Attorney(s) appearing for the Case

E. Ennalls Berl, William S. Potter, and Vincent A. Theisen (of Southerland, Berl & Potter), of Wilmington, Del., and Donovan, Leisure, Newton & Lumbard, of New York City, for plaintiff.

James R. Morford (of Marvel & Morford), of Wilmington, Del., and Charles I. Thompson, of Philadelphia, Pa., for defendant.

LEAHY, District Judge.

This is a suit by plaintiff as executor for recovery under two life insurance policies. On June 26, 1935, defendant issued two endowment policies for $100,000 to Richard C. duPont. On September 11, 1943, the insured was killed as a result of riding as an observer in the testing of an army experimental transport glider.

Each policy contained a limiting endorsement in the form of an aviation...

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