Clarke

This is a libel brought by the surviving brother and sister of a deceased seaman to collect a $5,000 death benefit provided under an insurance policy covering all members of the crew and provided by the shipowner. This policy was patterned after the insurance provided for seamen aboard government owned vessels, 46 U.S.C.A. § 1281 et seq., and contains identical provisions. A substantial number of claims for death benefits based on said insurance policy have been paid to the beneficiaries of the crew members of the ship.

The facts of this case are as follows:

On January 9, 1952, the S. S. Pennsylvania owned by the respondent, States Steamship Company, was in the North Pacific in the midst of one of the heaviest storms on record. After receipt of certain messages by radio from the ship to shore the vessel was never seen again and the members of the crew disappeared.

On January 23, 1952, an action was commenced in the Oregon District Court, the action being entitled, “In the Matter *707 of the Petition of States Steamship Company, For Exoneration from or Limitation of Liability,” No. 6300 In Admiralty. Claims were filed in the limitation proceeding on behalf of cargo underwriters,…