Legal Opinion

Allstate Insurance Company v. John Ellison, Sr., John Ellison, Jr., and Vince J. Kaplan

Court of Appeals for the Ninth Circuit

Decided April 9, 1985No. 84-4250PublishedCited by 60 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This appeal raises one issue: does an aircraft exclusionary provision in a homeowners insurance contract preclude recovery under a negligent entrustment theory for injuries sustained in an airplane crash? FACTS:

Vince J. Kaplan was injured in an airplane crash in a plane piloted and owned by John Ellison, Jr. Kaplan filed a personal injury action against Ellison, Jr., alleging that he had negligently interfered with the aircraft’s controls, causing the crash and resulting injuries. Kaplan added Ellison, Sr. under a negligent entrustment theory because Ellison,…

2Cases cited19 opinions

  1. Stordahl v. Government Employees Insurance Co.Alaska Supreme Court · 1977
  2. Barnstable County Mutual Fire Insurance v. LallyMassachusetts Supreme Judicial Court · 1978
  3. John Veit v. Margaret Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  4. Bankert Ex Rel. Habush v. Threshermen's Mutual Ins.Wisconsin Supreme Court · 1983
  5. Castaneda v. Dura-Vent Corp.Court of Appeals for the Ninth Circuit · 1981

14 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. Ernest E. Evans v. Safeco Life Insurance Company, Personal Security Option Program--Lockheed Special Accident Insurance Plan, Lockheed CorporationCourt of Appeals for the Ninth Circuit · 1990
  2. Gordon B. Phillips, as Guardian of James G. Phillips v. Lincoln National Life Insurance Company, an Indiana CorporationCourt of Appeals for the Seventh Circuit · 1993
  3. Bernita Hammond v. Fidelity and Guaranty Life Insurance Company, a Maryland CorporationCourt of Appeals for the Seventh Circuit · 1992
  4. Richardson v. Pension Plan of Bethlehem Steel Corp.Court of Appeals for the Ninth Circuit · 1997
  5. Kenneth Fuja, as Personal Representative of the Estate of Grace R. Fuja, Deceased v. Benefit Trust Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1994

55 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API