O'DOAN

This is a suit on an insurance policy claimed to cover the accidental death of plaintiffs’ decedent, Theodore O’Doan, Jr. Mr. O’Doan suffered fatal injuries in the course of his employment as a test technician at a rocket and missile testing facility operated by Douglas Aircraft Company, Inc.

Douglas Aircraft had entered into a collective bargaining agreement with a union of which 0 'Doan was a member. The agreement required Douglas to cover the affected employees with accidental injury and death insurance beyond standard workmen’s compensation benefits. Douglas Aircraft accordingly purchased an insurance policy from Insurance Company of North America, which (after deletion of phraseology not affecting the issue) contained the following statement of insured hazards: “Loss as covered under this policy sustained by the insured person occurring while this policy is in force . . . provided such loss is sustained while any insured person is in the course of employment for the named insured in the connection with missile and/or rocket work, components thereof or the development of any of these items, which loss is directly caused by the firing, misfiring, explosion or malfunction of…