Halcomb

This is an appeal from a judgment based on findings of an agreed special verdict of the jury and the court and its legal conclusions therefrom. Appellant insured the respondent administrator’s deceased intestate, George R. Halcomb, herein called the insured, against accidental death under a double indemnity provision making the company liable in the event “that death shall not have resulted from bodily injuries sustained while participating in aviation or aeronautics except as á fare paying passenger.”

The insured was killed in an airplane accident on a search for a missing brother in Northern California. The flight was confined to California and was not intend *789 ed to extend beyond its borders, the California law governs the validity of any contract between passenger and pilot, including the effect upon such contract of the proper or improper licensing of its pilot and of the status of insured as a passenger as affected by a pilot’s license. The insured requested the service of one Ollie Rose to pilot him in Rose’s plane in the search for the lost man. Rose had a federal license prohibiting him from carrying passengers for hire, in the following language: “This certifies that…