Legal Opinion

Ochs v. Avemco Insurance

Court of Appeals of Oregon

Decided November 16, 1981No. 7504, CA 19089PublishedCited by 13 opinions

1Opinion of the CourtYoung, J.

This is an action on an insurance policy for property damage to the insured aircraft. Defendant’s motion for summary judgment was granted. ORCP 47. We affirm.

The insurance policy excluded coverage for property damage to an aircraft that did not have a current "airworthiness certificate.” The issue is whether the exclusion applies when there is no causal connection or relationship between the policy exclusion, i.e., failure of the aircraft to have the appropriate certificate, and the cause of the accident. A summary judgment may be granted:

"* * * if the pleadings, depositions, and admissions…

2Cases cited7 opinions

  1. Omaha Sky Divers Parachute Club, Inc. v. Ranger InsuranceNebraska Supreme Court · 1973
  2. South Carolina Insurance v. Collins Ex Rel. Estate of CollinsSupreme Court of South Carolina · 1977
  3. Fireman's Fund Insurance Company v. McDanielDistrict Court, N.D. Mississippi · 1960
  4. Royal Indemnity Co. v. John F. Cawrse Lumber Co.District Court, D. Oregon · 1965
  5. Kilburn v. Union Marine & General InsuranceMichigan Supreme Court · 1949

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

3Cited by13 opinions

  1. Puckett v. U.S. Fire Insurance Co.Texas Supreme Court · 1984
  2. Western Food Products Co. v. United States Fire InsuranceCourt of Appeals of Kansas · 1985
  3. Security Mutual Casualty Co. v. O'BrienNew Mexico Supreme Court · 1983
  4. Avemco Insurance Co. v. WhiteSupreme Court of Oklahoma · 1992
  5. US Fire Ins. v. W. Monroe Charter ServiceLouisiana Court of Appeal · 1987

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

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