Cappelen v. United States, 10389.
| Citation | 185 F.2d 754 |
| Decision Date | 16 November 1950 |
| Docket Number | No. 10389.,10389. |
| Parties | CAPPELEN v. UNITED STATES. |
| Court | United States Courts of Appeals. United States Court of Appeals (District of Columbia) |
Bruce S. Quigley, Washington, D.C., for appellant.
Onan A. Hydrick, Washington, D.C., Atty., Department of Justice, of the Bar of the Supreme Court of South Carolina, pro hac vice, by special leave of Court, with whom Asst. Atty. Gen. H. G. Morison and George Morris Fay, U. S. Atty., Washington, D.C., were on the brief, for appellee. Joseph M. Howard, Asst. U. S. Atty., Washington, D.C., also entered an appearance for appellee.
Before PROCTOR and WASHINGTON, Circuit Judges, and ROBERT N. WILKIN, District Judge, retired (sitting by designation).
This is an appeal from a judgment of the United States District Court for the District of Columbia which dismissed a libel in admiralty instituted under authority of the Suits in Admiralty Act, 46 U.S.C.A. § 741 et seq., for recovery of $5000 death-benefit, under a Second Seaman's War Risk Policy, issued by the War Shipping Administration pursuant to provisions of Section 1128(a),1 Title 46 U.S.C.A., to the libellant's husband, Jens M. Cappelen, Master of the S. S. William B. Giles.
The pertinent part of the insurance contract is: "The insurance is for loss of life, * * * of the insured, directly and proximately caused by risks of war and warlike operations * * *."
An amendment extended the coverage of the insurance to "marine risks and perils." But the contract stated: "The fact that a vessel, or any vessel with which such vessel is in collision, is carrying troops or military or other supplies, or is proceeding to or from a war base, or is manned or operated by military or naval personnel, shall not alone be sufficient to include in this policy any claim which is not included by the foregoing terms of this article." The respondent denied that the death of the insured was caused "by any of the risks and perils insured against."
Most of the salient facts were presented by stipulation which recited that the insured had enlisted in the U. S. Merchant Marine in May of 1942 and had been in continuous command of the USS William B. Giles until his death, that such ship was engaged in transportation of munitions of war, that the insurance was in effect at time of death and that the insured's widow, the libellant, was the named beneficiary, but that her claim had been administratively disapproved on March 25th, 1946.
The stipulation further said: ...
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