J.C. Penney Life Insurance Co. v. Pilosi
United States Court of Appeals for the Third Circuit
393 F.3d 356 (2004)
- Written by Angela Patrick, JD
Facts
Elaine Pilosi purchased life insurance from J.C. Penney Life Insurance Company (J.C. Penney Life) (plaintiff). The policy provided $1 million in death benefits if Pilosi accidentally died while on a public conveyance “operated by a duly licensed common carrier for regular passenger service.” The policy provided $100,000 if Pilosi accidentally died in a private passenger automobile and $50,000 for all other forms of accidental death. Caesars Casino (Caesars) regularly chartered flights from an air-charter service to fly specially invited casino guests to and from the casino. Pilosi was on one of these chartered flights when the aircraft crashed, and she was killed. Pilosi’s sons (defendants) made a claim under Pilosi’s life-insurance policy for $1 million. J.C. Penney Life paid the sons $50,000. J.C. Penney Life then filed a declaratory-judgment action, asking the court to determine whether the sons were entitled to the $1 million benefit and presenting evidence that the air-charter service was not licensed to conduct scheduled operations at airports. The district court found that the sons were entitled to the $1 million. J.C. Penney Life appealed.
Rule of Law
Issue
Holding and Reasoning (Rosenn, J.)
Concurrence (McKee, J.)
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