Brill v. Indianapolis Life Insurance

784 F.2d 1511
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 24, 1986
DocketNo. 85-3633
StatusPublished
Cited by1 cases

This text of 784 F.2d 1511 (Brill v. Indianapolis Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brill v. Indianapolis Life Insurance, 784 F.2d 1511 (11th Cir. 1986).

Opinion

PER CURIAM:

This is an appeal from a summary judgment order in favor of the plaintiffs entered by the district court, 606 F.Supp. 265, in an insurance action.

The facts giving rise to this litigation are undisputed. We adopt the findings of fact of the district court. On July 29, 1982, Barry L. Green (“decedent”) died when the helicopter carrying him and three of his business colleagues, all executives with The Charter Company or its wholly-owned subsidiary, Charter Oil Company, crashed near Galway, Ireland. The helicopter was to transport the decedent and his colleagues from the Ballynahinch Castle Hotel to the Shannon Airport. At the airport, they were to board a private company plane for a business flight to France.

The helicopter was owned by Irish Helicopters Ltd. (“IHL”) and the pilot was an employee of IHL. IHL is the sole helicopter air service company in Ireland and is a subsidiary of the national airline of Ireland. IHL is licensed by the Irish Government as a Class C authorization holder to carry passengers, cargo, and mail. As a Class C carrier, IHL can provide only non-scheduled service. Passengers receive no ticket and their baggage is not checked.

IHL charges its customers a flat rate per flying hour. Flying time begins when the helicopter leaves IHL’s hangar and ends when the helicopter returns to IHL’s hangar. Although the Irish Government has the authority to regulate charges, it has not done so.

IHL regularly advertises its charter flight services to the public, including advertisements in the Irish equivalent of the yellow pages, business and trade journals, as well as newspapers of general circulation.

The Charter Company verbally leased the helicopter through LUQA, Inc., its wholly-owned subsidiary in charge of providing airplane and other travel related services. The helicopter was hired only for specific flights and not for a particular length of time. Thus, the service provided to The Charter Company was not a part of IHL’s contract business, but rather, was a part of its general passenger transportation business. An example of IHL’s contract business would be the lease of a helicopter for several months.

On July 28, 1982, the evening before the flight, the helicopter had been piloted from Shannon Airport carrying one passenger. The pilot and the aircraft remained at Ballynahinch Castle Hotel overnight in anticipation of the early morning flight the next day. IHL was to provide helicopter service for the specific flights to and from the airport (including picking the decedent up on his return the same day from France for transportation back to the hotel). When each flight concluded, the helicopter was free to service other customers.

This action was commenced by plaintiffs, Gail S. Brill, James R. Whitley, II, and Ellis National Bank, successor in interest to Jacksonville National Bank, to recover as beneficiaries under the double indemnity provisions of two policies insuring the life of the decedent. The policies were issued by the defendant, Indianapolis Life Insurance Company. Each policy contains a clause providing that the accidental death benefit to be paid will be doubled “[i]f such proof also shows that the death was the result of an injury sustained while the Insured was a fare-paying passenger in a public conveyance then being operated by a licensed common carrier for passenger service____” (emphasis added).

The only issue on appeal is whether the accident falls within the purview of the above clause requiring that the defendant pay the plaintiffs double the accidental benefit payments provided in the policies. In order to fall within the purview of the [1513]*1513double indemnity provision, the plaintiffs must show that at the time of the accident: (1) the decedent was a fare-paying customer, (2) the IHL helicopter was being operated as a public conveyance, and (3) the IHL helicopter was a common carrier.

1. FARE-PAYING CUSTOMER

The defendants position is that under the agreement with IHL, the charge for the flight was computed solely on the number of flying hours and the size of the helicopter, and not on a per passenger basis. Since IHL did not charge on an individual basis for its service, the defendant concludes that a “rate” was paid to IHL for the flight rather than a “fare.”

We find that the defendant reads the term “fare” too narrowly. It is well settled that terms used in an insurance policy should be construed in light of the skill and experience of ordinary people. Morrison Assurance Co. v. School Board, 414 So.2d 581, 581 (Fla.Dist.Ct.App.1982) (citations omitted); Stewart v. State Farm Mutual Insurance Co., 316 So.2d 598, 599 (Fla.Dist.Ct.App.1975). In construing terms appearing in insurance policies, Florida courts commonly adopt the plain meaning of words contained in legal and non-legal dictionaries. See Government Employees Insurance Co. v. Novak, 453 So.2d 1116, 1118 (Fla.1984).

The word “fare” has been defined as “the price charged to transport a person or persons____” Webster’s Third New International Dictionary 824 (1966). The term “fare” has been further defined as “[a] transportation charge, as for a bus or taxi.” The American Heritage Dictionary 476 (1969). Viewed in light of the skill and experience of an ordinary person, the term fare, as it appears in the double indemnity provision of the two policies, includes the pay arrangement in this case.

The helicopter flight was not gratuitously provided to the decedent. Rather, the transportation was provided in exchange for some form of payment made by The Charter Company. An individual whose business flight is arranged and paid for by his employer will often board an air carrier without having actually handed over ticket fare. When a business concern arranges its employee’s flight, any combination of pay arrangements may be made, depending on such variables as prior dealings with the particular carrier and group and other discount rates. See, e.g., Florida East Coast Railway v. Booth, 148 So.2d 536, 537-38 (Fla.Dist.Ct.App.) (a transit pass issued by a railroad to its employees, as part of a collective bargaining agreement between the railroad and the employees’ union, is issued for consideration and not as a gratuity), cert. denied, 155 So.2d 551 (Fla.1963). The clear import of the requirement that the insured be a “fare-paying customer” is that a sum be paid or promised to the carrier in exchange for the transportation of passengers. In this case the decedent was to be transported to Shannon Airport in IHL’s helicopter as a result of a sum having been paid or promised to IHL; therefore, the decedent was a fare-paying customer.

2. PUBLIC CONVEYANCE

The defendant relies on Greyhound Rent-A-Car, Inc. v. Carbon, 327 So.2d 792 (Fla.Dist.Ct.App.), cert. denied, 336 So.2d 1182 (Fla.1976) to support its contention that the IHL helicopter was not a public conveyance. In Carbon, a couple were injured while driving a rented automobile. They sued the car rental agency under a Florida statute which provided for personal injury benefits. The statute excluded recovery for injuries involving a motor vehicle used as a public conveyance.

In determining whether the rental car was a “public conveyance”, the court referred to the definitions given the term by legal authorities.

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Related

Brill v. Indianapolis Life Insurance Company
784 F.2d 1511 (Eleventh Circuit, 1986)

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Bluebook (online)
784 F.2d 1511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brill-v-indianapolis-life-insurance-ca11-1986.