No Aviation Insurance Coverage For Pilot Without Valid License

In a past post, we reported on the case of Mr. Nicholas Gudzinski, who was killed on August 19, 2006, when he lost control of his aircraft after making a slow-speed pass at a low altitude.  Gudzinski had earned his Canadian private pilot's license in 1993, but his most recent medical certificate had expired on June 1, 2005.

Gudzinski's estate submitted an insurance claim for damage to the aircraft as a result of the crash.  The aviation insurer denied the claim, on the basis that the policy only provided coverage to an "approved pilot ... who has the required license."

The estate launched a lawsuit and the matter came before a Chambers Master of the Alberta Court of Queen's Bench as a "Special Case for the opinion of the Court."  The Master ruled that the language of the policy was ambiguous, and the policy only required the pilot to have obtained a license to fly an aircraft without subsequent compliance with the legislative requirements.  Accordingly, the