Kinnavy v. Traill

The single question before us is whether a group insurance policy containing an exclusionary clause which does not provide coverage for death, injury or disablement while the insured is "engaged in or taking part in aeronautics and/or aviation of any description or resulting from being in any aircraft except while a passenger in an aircraft previously tried, tested and approved” extends coverage to a pilot while flying his own aircraft commuting from his employment to his home. In our view it does not.

The facts of the case are well stated by the Court of Appeals.

"Plaintiffs husband, Robert J.…