Eastern Aviation & Marine Underwriters, Inc. v. Gilbertson

OPINION

RANDALL, Judge.

Insurance company sought a declaratory judgment that it is not required to indemnify the insured for any liability arising out of an airplane accident. The insurer claimed also that it has no duty to defend insured against charges of negligence. The trial court granted insurer’s motion for summary judgment on both claims. The injured plaintiffs and the owner and the pilot of the airplane appeal. We affirm.

FACTS

Dr. Richard Mulder was the owner of an Aeronca Chief airplane that was insured by respondent. The insurance policy provided in part that the insurer would defend…