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WILMINGTON TRUST CO. v. TRAVELERS INS. CO.

Civ. Nos. 487, 488, 500.

109 F.Supp. 487 (1952)

WILMINGTON TRUST CO. v. TRAVELERS INS. CO. DU PONT v. TRAVELERS INS. CO. WILMINGTON TRUST CO. v. AETNA LIFE INS. CO.

United States District Court D. Delaware.

November 28, 1952.

Attorney(s) appearing for the Case

E. Ennalls Berl and Frank O'Donnell (of Berl, Potter & Anderson), Wilmington, Del., and Donovan, Leisure, Newton, Lumbard & Irvine, New York City, for plaintiffs.

James R. Morford (of Morford, Bennethum, Marvel & Cooch), Wilmington, Del., and Charles I. Thompson and Philip Patterson (of Ballard, Spahr, Andrews & Ingersoll), Philadelphia, Pa., for defendants.

LEAHY, Chief Judge.

Four suits on life insurance policies containing aviation exclusion clauses were instituted. They were issued by the Mutual Life Insurance Company of New York, the Travelers Insurance Company and Aetna Life Insurance Company. The insured was Richard C. duPont. He was killed in a glider accident in 1943. The first case prosecuted was against Mutual Life. All the facts were stipulated and both plaintiff and defendant moved for summary judgment. I...

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