District Court, S.D. Texas May 5, 1928, No. 979 (Elkins v. Ætna Life Ins. Co. of Hartford)

HUTCHESON, District Judge.

This is a suit on an accident policy containing a pro rata clause as follows:

“In the event the insured is injured after having changed his occupation to one classified by the company as more hazardous than that stated in the policy, or while he is doing any act or thing pertaining to any occupation so classified, except ordinary duties about his residence or while