Schantini v. Hartford Accident & Indemnity Co.

I agree that the insured died while a passenger in an aircraft not being operated in accordance with F.A.A. regulations. However, the parties stipulate that it has not been determined whether the cause of the crash was mechanical failure, pilot error, or an act of God. It would be pure speculation and conjecture to say that the accident was in any way caused by the violation of an F.A.A. regulation.

All plaintiff must prove in order to be entitled to recover is that the policy was issued and that the insured died. The burden of proof is then upon the insurer to prove any exclusion from the…