The insured was killed while riding as a fare-paying passenger on a commercial transport airplane. Plaintiff, decedent's wife, brought suit on his accident insurance policy and recovered. Held, on appeal, that the insured was not "participating in aviation or aeronautics" within the terms of an accident policy excluding indemnity for death resulting from "participation in aviation or aeronautics." Massachusetts Protective Assn. v. Bayersdorfer, (C. C. A. 6th, 1939) 105 F. (2d) 595.
Michigan Law Review,
INSURANCE - CONSTRUCTION OF EXCEPTION CLAUSE "PARTICIPATING IN AVIATION",
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol38/iss3/18