American Casualty Co. of Redding v. Eagle Star Insurance Co.

CROCKETT, Justice:

Plaintiff American Casualty Co. sought a declaratory judgment that it has no liability in a plane crash which killed four persons, because its policy covering the plane's passenger’s is secondary and that the policy issued by defendant Eagle Star Insurance Co. is the primary coverage. The defense asserted by Eagle Star was that its policy excepted coverage of “operating the aircraft under the terms óf any agreement which provides any remuneration for the use of said aircraft.” There was no dispute in the essential facts, as set forth below; and both parties moved for summary…