Bankers Life and Casualty Company, a Corporation v. Arizona Public Service Company, a Corporation

This is an appeal from a summary judgment entered by the District Court for the District of Arizona for the plaintiff, Arizona Public Service Company (Public Service), in its suit against Bankers Life and Casualty Company (Bankers Life). Jurisdiction was based upon diversity of citizenship. 28 U.S.C. § 1332.

The action was brought to recover on a group life insurance policy for the death of Paul Petris, who was killed when the company aircraft he was piloting crashed. Bankers Life denied liability under an aviation clause in the policy which purported to exclude from coverage all persons…