Fidelity & Casualty Co. of New York v. Burts Bros., Inc.

JACK SMITH, Justice.

This is a suit to resolve coverage under an aircraft liability insurance policy. The Fidelity & Casualty Company of New York (“Fidelity”) brought a declaratory action seeking to determine whether under its policy Fidelity had a duty to defend and indemnify Burt Brothers, Inc. and the Estate of Edwin M. Burts (“the insureds”) in a wrongful death case arising out of a helicopter crash. The insurance policy contained an exclusion clause that provided that the policy did not apply if the pilot in command of the helicopter did not meet certain qualifications as to ratings and…