RANGER INSURANCE COMPANY, A FOREIGN CORPORATION, AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLANT,
v.
JOHN HARRELL, APPELLEE

Fla. 2d DCA | 1973-12-05
No. 73-273
McNULTY, J., concurs., HOBSON, Acting C. J., dissents.
286 So. 2d 261 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 13 cases

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Synopsis

Ranger Insurance Company appeals from a judgment denying it coverage for an airplane crash involving a student pilot. The court must determine whether the pilot's solo flight violated an insurance policy endorsement requiring each flight to be "under the direct supervision and specifically approved by a properly qualified Flight Instructor." The court held that the endorsement required advance approval of the specific flight plan, not merely general authorization to fly solo.


Holding

The endorsement requires that each flight be specifically approved by a certified flight instructor in advance, not merely that the pilot have general authorization to fly solo. General authorization to make unsupervised cross-country solo flights does not satisfy the policy's requirement that each flight be specifically approved by the instructor. Therefore, the flight was made in violation of the endorsement and coverage was excluded.


Headnotes

[1] An insurance policy exclusion for a student pilot operating an aircraft in flight without direct supervision and specific approval from a certified flight instructor is n…

[2] When the language of an insurance policy is clear and unambiguous, it must be accorded its natural meaning.

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Key Quotes

“The endorsement provides that each flight be under the direct supervision and specifically approved by a certified flight instructor. This contemplates that the instructor should be consulted in advance of the flight.”

The court's interpretation of the policy language requiring advance approval of each specific flight by the instructor.

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Facts & Procedural History

John Harrell owned an airplane and held a student pilot's license. Ranger issued an insurance policy with an endorsement excluding coverage for flight…

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Opinion of the Court
GRIMES, Judge.

GRIMES, Judge.

Ranger Insurance Company (Ranger) appeals from a final judgment entered following a non-jury trial.

John Harrell (Harrell) owned an airplane and had a student pilot’s license. Ranger issued a policy to Harrell which insured the airplane. The policy contained the following endorsement:

“This Policy does not apply to any occurrence or to any loss or damage occurring while the aircraft is being operated in flight by a Student Pilot unless each flight is under the direct supervision and specifically approved by a properly qualified Flight Instructor certificated by the Federal Aviation Administration. This exclusion is not applicable to any Student Pilot following issuance of a Private Pilot Certificate.”

On October 28, 1971, Harrell crashed his airplane on a solo flight from Leesburg to Gainesville. Several months before the accident, Harrell’s certified flight instructor had authorized him to make unsupervised cross-country solo flights. However, the flight instructor knew nothing about this particular trip until after the crash occurred.

The sole point on appeal is whether the flight was made in violation of the endorsement.

Ranger does not contend that the policy required Harrell’s instructor to be in the airplane at the time of the accident. Ranger does contend that it was necessary for the flight instructor to have approved Harrell’s specific flight plan in advance of the trip. Harrell takes the position that when his instructor decided he was good enough to fly by himself and authorized him to make unsupervised cross-country solo flights, this met the requirements of the endorsement.

Harrell’s flight instructor testified as follows:

“Q. What I’m trying to get at is: If you were supervising the man, say a man was under your supervision on a cross-country flight, what procedures would you expect for him to go through as far as you are concerned ?

A. Well, I would expect to approve his flight plan.

Q. All right, sir. Anything else ?

A. Well, that includes a number of things, such as weather briefing and emergency procedures and navigation facilities, and such things as that, which are all part of the flight plan.”

While an insured is always given the benefit of an ambiguity in the policy, the language in this endorsement appears to be about as clear as the English language can be written. When the language of an insurance policy is clear and unambiguous, it must be accorded its natural meaning. Allison v. Imperial Casualty & Indemnity Co., Fla.App. 1969, 222 So. 2d 254; Valdes v. Prudence Mutual Casualty Co., Fla.App.1968, 207 So. 2d 312.

The endorsement provides that each flight be under the direct supervision and specifically approved by a certified flight instructor. This contemplates that the instructor should be consulted in advance of the flight.1 A réasonable construction of the language of the endorsement can hardly encompass a blanket authorization to make unsupervised solo flights. The fact that the giving of this type of authorization to competent student pilots is permitted by FAA regulations cannot change the wording of the insurance contract between Harrell and Ranger. Since coverage was excluded by the terms of the endórsement, the judgment is reversed.

McNULTY, J., concurs.

HOBSON, Acting C. J., dissents.

. In Hedges Enterprises, Inc. v. Fireman’s Fund Insurance Co., 34 Misc.2d 249, 225 N.Y.S.2d 779 (Sup.Ct.1962), the court held that where a student pilot was flying without the knowledge of his flight instructor, the trip was not being made under his “direct supervision”.


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Citator

Cited By

  • …llied industry. Includes dairy, stock and poultry farms.” Black’s Law Dictionary 545 (Rev. 5th Ed.1974). When the language of an insurance policy is clear and unambiguous it must be accorded its natural meaning. Ranger Insurance Company v. Harrell, 286 So. 2d 261 (Fla. 2d DCA 1973). An insurance policy should receive a reasonable, practical and sensible interpretation. Although ambiguities should be resolved against the insurer, this principle applies only when there exists a genuine inconsistency, uncertain…
  • Earlie Brown v. Gulf Life Ins. Co., 343 So. 2d 91 (Fla. 3d DCA 1977)
    …e language of the insurance contract is clear and unambiguous it does not require construction and must be given effect as written. See Midwest Mutual Insurance Company v. Santiesteban; 287 So. 2d 665 (Fla.1973); Ranger Insurance Company v. Harrell, 286 So. 2d 261 (Fla.2d DCA 1973). The special effect of the no-fault auto insurance provision of Gulf Life’s policy plainly excludes payment of benefits arising out of the no-fault type injury, unless that injury exceeds $5,000. In other words, this exclusion is m…
  • City OF Winter Haven v. Ridge AIR, Inc., 458 So. 2d 434 (Fla. 2d DCA 1984)
    …anagement, Inc. v. Beau Monde, Inc., 366 So. 2d 788, 791 (Fla. 2d DCA 1978), “When a contract is clear and unambiguous, ... the court cannot give it any meaning beyond that expressed.” Accord Saha, 427 So. 2d at 317; Ranger Insurance Co. v. Harrell, 286 So. 2d 261, 262 (Fla. 2d DCA 1973). Paragraph three of the City’s lease to Ridge Air provided, in part, as follows: “Lessee may apply for an additional term of five (5) years ... and any such renewal shall be subject to a renegotiation of the terms hereof.” T…

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