Pacific Indemnity Co. v. Berge

The opinion of the court was delivered by

Kaul, J.:

Plaintiffs-appellants issued a policy of “Aircraft Hull and Liability” insurance on an aircraft which defendant-appellee had purchased from Yingling Aircraft, Inc., on April 8, 1965. In *756order to finance the purchase of the aircraft, defendant gave Yingling a conditional sales contract and promissory note.

The policy of insurance, together with a breach of warranty endorsement for the protection of Yingling, was purchased by defendant from Don Flower Associates, Inc., an agent of plaintiffs.

On June 21, 1965, the aircraft crashed and was…