Ryan v. Harrison

Dennis Buddrius d/b/a Red Baron Aviation was engaged in the business of aerial application of herbicides to crops. Red Baron was insured under a certificate of insurance with Underwriters at Lloyd's and Phoenix Assurance Co., Ltd., which contained the following exclusion:

Exclusions

This Policy Does Not Apply:

4. to injury to or destruction of any crops, pastures, trees or tangible property to which the aerial application is deliberately made whether in error or not;

(Italics ours.) Initially this exclusion was deleted from the policy and later reinserted at the request of Red Baron resulting in…