Legal Opinion

Kohler v. Proprietors Insurance Co.

District Court of Appeal of Florida

Decided February 10, 1981No. 80-542PublishedCited by 2 opinions

1Opinion of the Court

DANIEL S. PEARSON, Judge.

We affirm the summary final judgment in favor of Proprietors Insurance Company, issuers of an aircraft hull and liability poli*464cy. The policy, under which Kohler and Poteet, co-owners of the aircraft, claimed a loss when the aircraft was taken by one Stiller,1 excluded from coverage any operation of the aircraft “for which a charge is made.” It is undisputed that Kohler and Poteet required Stiller to make an hourly payment of $125.00 for use of the plane. The agreed-upon payment was a prerequisite to the use of the plane, not a gratuitous reimbursement of flight…

2Cases cited4 opinions

  1. Guaclides v. KruseNew Jersey Superior Court Appellate Division · 1961
  2. Pacific Indemnity Company v. Acel Delivery Service, Inc.Court of Appeals for the Fifth Circuit · 1973
  3. Houston Fire and Casualty Insurance Company v. Reba Ivens, as Administratrix of the Estate of Harold Ivens, DeceasedCourt of Appeals for the Fifth Circuit · 1964
  4. Fidelity & Casualty Co. v. CristSupreme Court of Arkansas · 1970

3Cited by2 opinions

  1. Monarch Ins. Co. of Ohio v. SiegelDistrict Court, N.D. Indiana · 1986
  2. American Eagle Insurance v. Rutland Area Flyers, Inc.District Court, D. Vermont · 1996

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