INSURANCE-CONSTRUCTION OF POLICY- MILITARY OR NAVAL SERVICE CLAUSE- AVIATION CLAUSE

Plaintiffs, six minor children of deceased, were beneficiaries of a $20,000 life insurance policy issued to deceased while a member of the United States Army. Traveling under Army orders, the deceased procured a permit from the operations officer at an Army airfield in Puerto Rico for space on a regular Army transport route to another Army field in Puerto Rico. The plane crashed, killing all of its occupants. The policy issued to the deceased contained an aviation clause and a military service clause, under both of which the defendant insurance company rests its defense. Held: Deceased was a fare-paying passenger within the exception of the aviation clause, and the defendant waived the military service clause by issuing the policy with the knowledge that the insured was in the service at the date of the application. Quinones v. Life & Casualty Insurance Company of Tennessee, (La. 1945) 24 S. (2d) 270