On a clear day in August of 2006, the owner of a Cessna 177B
Cardinal took his son and friends on a local flight. While doing a
slow-speed pass at a height estimated between 150 and 500 feet, the
pilot lost control of the aircraft. The aircraft entered a spin and
impacted the ground in a near vertical nose-down attitude. All on
board were fatally injured.
The aircraft was insured by a policy which provided coverage
subject to the following condition:
Who can fly your aircraft – The Insurance applies only if
your aircraft is flown by an approved pilot whose name is stated on
Item 5 of the Declaration Page who has the required license or
endorsements to fly your aircraft.
Although the pilot had a Private Pilot Licence and was listed in
the policy as an approved pilot, his medical certificate had
expired more than a year and a half prior to the accident. Upon
review, the insurer denied coverage for the value of the aircraft
hull on the grounds that the pilot was in
