Martin v. Ohio Casualty Insurance

Defendant, Ohio Casualty Insurance Company, issued an aircraft liability insurance policy to the Finney Aviation company providing insurance coverage for property damage arising out of use of the insured aircraft. Plaintiffs rented a plane from Finney Aviation and while they were operating the plane, i.e., taxiing down a runway, it hit a curb, nosed over and was damaged. Pursuant to the insurance policy defendant paid Finney Aviation $2,179 for damages to the plane.

The defendant insurance company, as subrogee of Finney, sued plaintiffs, Martin and Deneen, for $2,179, on the theory that…