Legal Opinion

American States Insurance v. Byerly Aviation, Inc.

District Court, S.D. Illinois

Decided September 7, 1978No. 78-1115PublishedCited by 20 opinions

1Opinion of the Court

DECISION AND ORDER ON MOTIONS FOR JUDGMENT ON PLEADINGS

ROBERT D. MORGAN, Chief Judge.

Plaintiff (American States) seeks a declaratory judgment that its aircraft liability policy number CA-F-0132 does not cover liability arising out of a helicopter crash which occurred on April 2, 1977, in which the Martin and Magnuson decedents were killed. Martin was instructing Magnuson on a teaching flight when the rotor broke or became detached, causing the crash and deaths. The Magnuson administrator has sued Byerly Aviation, Inc. (Byerly) and N 2131 U, Inc., in state court, for wrongful death. Both are…

2Cases cited5 opinions

  1. General Accident Fire & Life Assurance Corp. v. BrownAppellate Court of Illinois · 1962
  2. Freeport Motor Casualty Co. v. TharpAppellate Court of Illinois · 1949
  3. Waldo Clark, Sinclair Refining Company, Zurich Insurance Company v. The Travelers Indemnity Company, the Rogers Cartage CompanyCourt of Appeals for the Seventh Circuit · 1963
  4. Bituminous Casualty Corporation, an Illinois Corporation v. Hartford Accident and Indemnity Company, a Foreign CorporationCourt of Appeals for the Seventh Circuit · 1964
  5. Wilson v. National Automobile & Casualty InsuranceAppellate Court of Illinois · 1959

3Cited by20 opinions

  1. Puckett v. U.S. Fire Insurance Co.Texas Supreme Court · 1984
  2. O'Connor v. Proprietors Insurance Co.Supreme Court of Colorado · 1985
  3. Western Food Products Co. v. United States Fire InsuranceCourt of Appeals of Kansas · 1985
  4. Clarendon America Insurance v. Miami River Club, Inc.District Court, S.D. Florida · 2006
  5. US Fire Ins. v. W. Monroe Charter ServiceLouisiana Court of Appeal · 1987

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