188 Misc. 768 | N.Y. Sup. Ct. | 1946
Plaintiff and defendant move for judgment in an action upon a policy of life insurance. The answer sets up as partial and complete defenses that the death of the insured was due to a hazard not assumed under the policy. The particular provision relied upon excepts from coverage the risk of death resulting from “ an act of war, which act occurs while the Insured is .in the military, naval or air forces of any country and is outside the continental limits of the United States of America (including Alaska), the Dominion of Canada, and Newfoundland, but only if death occurs within six months after such act.” It appears that the insured was an infantryman in the United States Army during World War II. He was