Legal Opinion
Jean C. Potts, Widow and Beneficiary of John F. Potts, Deceased v. Continental Casualty Company, an Illinois Corporation
Court of Appeals for the Ninth Circuit
Decided December 20, 1971No. 25715PublishedCited by 5 opinions
1Opinion of the Court
DUNIWAY, Circuit Judge:
In this diversity case, to which Arizona law applies, there is but one question. Was the death of appellant’s husband, which occurred in an airplane crash, a “loss, . . . resulting from . . . flying in any aircraft . . . operated by the employer”? If so, the loss was excluded from coverage. The trial court held that the airplane was “operated” by the employer, and gave judgment for ap-pellee. We affirm.
The decedent, Potts, was employed by the Salvation Army. The airplane was leased by the Army for the purpose of transporting some of its personnel, including Potts, to a…
2Cases cited5 opinions
- State Farm Mut. Automobile Ins. Co. v. CoughranSupreme Court of the United States · 1938
- D. M. A. F. B. Federal Credit Union v. Employers Mutual Liability InsuranceArizona Supreme Court · 1964
- State Farm Mutual Automobile Insurance Company v. Shirley C. ThompsonCourt of Appeals for the Ninth Circuit · 1967
- Goodson v. American Home Assurance CompanyDistrict Court, E.D. Tennessee · 1966
- Sarah Moffitt Goodson and Floyd P. Goodson, Sr., Co-Executors of the Estate of Floyd P. Goodson, Jr., Deceased v. American Home Assurance CompanyCourt of Appeals for the Sixth Circuit · 1967
3Cited by5 opinions
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- Ranger Insurance Company v. PhillipsCourt of Appeals of Arizona · 1976
- James K. Wilkinson and Charmine Wilkinson v. The Home Insurance CompanyCourt of Appeals for the Ninth Circuit · 1978
- Zurich American Insurance v. ABM Industries, Inc.Court of Appeals for the Second Circuit · 2005
- State of Hawaii v. UseduCourt of Appeals for the Ninth Circuit · 2022