(after stating the facts). There is but one question involved in this appeal, viz., whether the death of the insured under the circumstances herein resulted from an accident covered by the double indemnity provision of the policy which excepts bodily injuries received *910“from participation in aviation or submarine, operations.”
Aviation is defined in Funk & Wagnall’s Dictionary as follows: “Aviation- — -is the art of flying, especially the management of aeroplanes.”
“Participation” is defined in Webster’s Dictionary as follows: 1. The state of sharing in common with others. 2. The act or state of receiving or having a part of something. 3. Distribution or division into shares.
It has been held that it was not necessary for one to have mechanical control over a plane in order to participate in its operation, but, when one imposes and enforces his judgment in the venture or about-an undertaking solely for his purpose, he is effectively participating in the operation of the plane. First Nat. Bank of Chattanooga v. Phoenix Mut. Life Ins. Co., 62 Fed. (2d) 681.
It appears here, however, that there was no contractual relation between the pilot of the plane and the insured, and no expectation of a fare to be paid and collected for the trip, the insured being an invited guest only, and not a passenger, and it cannot be said that insured received the injuries from which he died “from participation in aviation operations,” within the meaning of the terms of the policy, and is thereby excluded from its coverage.
The contract of insurance was ambiguous and susceptible to more than one reasonable construction, and the one most favorable to the insured should be adopted. Travelers’ Protective Ass’n v. Stephens, 185 Ark. 660, 49 S. W., (2d) 364; National Life Ins. Co. v. Whitfield, 186 Ark. 198; Gits v. N. Y. Life Ins. Co., 32 Fed. (2d) 7; Charette v. Prudential Ins. Co., 202 Wis. 470, 232 N. W. 848.
No error was committed in allowing attorney’s fee and the statutory penalty, since the entire sum contracted to be paid under the rider in the policy was recovered herein, and the appellee was therefore entitled to a judgment for the penalty and a reasonable attorney’s fee, ‘ ‘ and the fact that the company believes it has a meritorious defense, and in good faith defends the case does not *911excuse it from the application of the statute.” Life & Casualty Ins. Co. of Terin. v. McCray, 187 Ark. 49, 58 S. W. (2d) 199.
We find no error in the record, and the judgment is affirmed.