Avemco Insurance v. Auburn Flying Service, Inc.

I respectfully dissent.

Under the circumstances, I respectfully submit that the result reached by the majority constitutes a gross miscarriage of justice for the families of those passengers who were killed and for the decedent owner and operator of the small plane involved. Under the doctrine of reasonable expectation, it is absurd to think that the owner of the plane did not contemplate full insurance coverage for his non-commercial flights.13 The owner lost money on the flights in question each time he flew and the facts stipulated clearly show that he did not have a commercial purpose in…