The opinion of the court was delivered by: GIBSON
The court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law:
1. The plaintiff is an individual and a citizen of the State of New York who resides at 17 Jefferson Place, Hempstead, Long Island. She is the widow of Winfield Scott Faron, deceased.
2. The defendant, the Penn Mutual Life Insurance Company, is a citizen of the State of Pennsylvania, being a corporation duly organized and existing under the laws of Pennsylvania, and having a place of business at Pittsburgh, Pennsylvania.
3. On May 12, 1937, the defendant issued to Winfield S. Faron its written contract of insurance No. 1994456 in the face amount of $ 5,000.
5. On June 17, 1940, the defendant issued to Winfield S. Faron, designated therein as Scott Faron, its written contract of insurance No. 2281241 in the face amount of $ 5,000.
6. Said policy No. 2281241, included a provision for the payment of double indemnity upon receipt of due proof 'that the death of the Insured resulted solely from bodily injuries effected directly and exclusively by external, violent and accidental means, * * * prior to termination of this Agreement and within ninety days after such injuries were sustained * * * ,' unless 'the death of the Insured resulted directly or indirectly * * * from service travel or flight in, or contact with, any species of aircraft; * * * .'
7. The said Winfield Scott Faron, in his lifetime, paid the stipulated premiums upon the said policies and performed all things on his part to be fulfilled, according to the tenor and effect of said policies.
8. The said Winfield Scott Faron was killed on the eighteenth day of January, 1945, while traveling as a fare-paying passenger in an aircraft of the Eastern Airlines on a regularly scheduled flight when the aircraft burst into flames in mid-air near the Town of Cheshire in the State of Connecticut.
9. Proofs of the death of the said Winfield Scott Faron were duly furnished to said defendant.
10. The defendant has paid to the plaintiff the face value of $ 5,000.00 on each of the above policies.
11. The defendant has refused to pay the double indemnity benefit of $ ...