Samuel J. Goldstein, Herbert Jacobson, Pittsburgh, for appellant.
Thomas Lewis Jones, Pittsburgh, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, and Gunther, JJ.
[ 171 Pa. Super. Page 254]
In this case a policy of insurance, issued on the life of Andrew Beley, provided in part as follows:
'In the event that the Insured engages in military or naval service in the time of war, the liability of the Company shall be limited to the return of the premiums paid * * *, unless the Insured shall have previously secured from the Company a permit to engage in such service. * * *
'Risks Not Assumed: -- The Company shall not be liable for the additional Accidental Death Benefit specified above if said death shall result by reason of any of the following: * * * (d) Military * * * service in time of war. * * *
'Termination: -- These provisions for the additional Accidental Death Benefit shall immediately terminate: * * * (b) if the Insured shall at any time, voluntarily or involuntarily, engage in military * * * service in time of war; * * *.'
The facts, stipulated by counsel, are as follows:
'On March 4th, 1945, Andrew Beley, by his mother, Julia Beley, made application for a policy of life insurance with the defendant, the Pennsylvania Mutual Life Insurance Company, the said policy when issued to contain an accidental death benefits provision. The face amount of the policy was $1,000.00, with a like sum of $1,000.00 for accidental death. The applicant paid the initial monthly premium of $2.18, which included a premium of $.20 for the accidental death benefits, and the policy was issued May 1st, 1945.
'The insured was recalled into the infantry branch of the United States Army on October 28th, 1950, and was killed in ...