Insurance Co. of North America v. Ours

We consolidate for purpose of review these appeals.

Marty’s Flying Service, Inc., the owner of several airplanes, was the insured under an aircraft insurance policy issued by defendant Insurance Company of North America (I.N.A.). This policy as written contained a “pilot warranty” clause, which specified that the in-flight coverage provided by the policy for a “Mooney Super 21” airplane, owned by Marty’s, did not apply unless the pilot had logged a minimum of forty hours flight time in aircraft with retractable landing gear. Marty’s had sought, and apparently thought it had obtained, a policy…