Avemco Insurance v. Hill

Phelps was a renter pilot of an aircraft that crashed, killing him and his two passengers. Plaintiff, Avemco Insurance Company, brought this action against the personal representatives of the deceased’s estate for a declaratory judgment to determine whether, under its policy issued to the aircraft’s owners, it must defend against the passengers’ wrongful death action against the pilot’s estate. Plaintiff appeals from a judgment declaring that Phelps was an insured under the policy.

The aircraft crashed on February 24,1980. Its owners had leased it to the Red Baron Flying Club, which in turn…