State, Department & Public Facilities v. Houston Casualty Co.

I disagree with part IV.A. of the opinion, which holds that the phrase “aircraft of the insured” means “aircraft of either the named insured or the additional insured who is seeking coverage” rather than “the aircraft of the insured who is seeking coverage.” It is my view that the phrase refers exclusively to the insured who is seeking coverage. My reasons for this conclusion follow.

First, in the absence of a severability of interests clause1, an insurance policy is ambiguous as to whether or not the use of the term “the insured” in an exclusion refers merely to the insured seeking coverage…