Deschler v. Fireman's Fund American Life Insurance Co.

I respectfully dissent.

The majority holds as a matter of law that a water ski kite is a “device for aerial navigation” based on two “critical” factors: (1) the aerodynamic principles which affect its ability to become and remain airborne, and (2) the degree of control which the operator has over its direction, speed, and the timing and place of landing.

I cannot agree that the exclusionary clause should be interpreted so broadly. A snow ski jumper’s skis during a jump comply with the “critical” factors outlined by the majority. Yet common sense clearly suggests that they are not devices for…