American Continental v. Estate of Gerkens

This is an appeal by plaintiffs, American Continental Insurance Company and Southern Aviation Insurance Group, Inc from a judgment of the Court of Common Pleas of Paulding County, in a declaratory judgment action.

On May 10, 1985, John Maxcy contacted Dickens Insurance Agency, an independent insurance agent, seeking liability coverage for his Cessna 310 multi-engine aircraft. Speaking by telephone to Terry Campton, an agent with Dickens, Maxcy answered questions concerning his pilot's qualifications and hours of flying time required by insurance underwriters. Maxcy informed Campton that the…