Coren v. Puritan Insurance

362 S.E.2d 380, 184 Ga. App. 667, 1987 Ga. App. LEXIS 2353
CourtCourt of Appeals of Georgia
DecidedSeptember 16, 1987
Docket74651, 74652, 74653
StatusPublished
Cited by4 cases

This text of 362 S.E.2d 380 (Coren v. Puritan Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coren v. Puritan Insurance, 362 S.E.2d 380, 184 Ga. App. 667, 1987 Ga. App. LEXIS 2353 (Ga. Ct. App. 1987).

Opinions

Birdsong, Chief Judge.

Summary Judgment — Contract Construction. James A. Justice was employed by Metro Ambulance Service (Metro) as a helicopter pilot for both ambulance and charter service. In late July 1985, Justice flew Metro’s helicopter to Dooley Helicopter’s repair facility at Peachtree-DeKalb Airport for maintenance and possible repairs. The helicopter had two engines; one engine showed a temperature variance of 40 degrees higher than the other, and one engine reflected a six degree higher RPM rating than the other. While making the check of the engines, Dooley’s personnel disconnected the torque sensor lines connected to each engine. When those lines are disconnected, the engines should not be energized because oil will be discharged through the line and exhaust the oil supply.

On August 4, 1985, while the helicopter was parked on the tarmac at Dooley’s repair shop with the torque lines disconnected, Justice with two other employees of Metro (Patterson and Ellison) and their female companions (Filkens, Pritchett and Coren) were enjoying a night out at a local restaurant bar not far from Peachtree-DeKalb Airport. It was suggested and agreed among the six persons that they would drive to Dooley’s and take the helicopter for a joyride. None of the participants was aware that the torque sensor lines had been disconnected.

It is undisputed that Part 91 of the FAA regulations required a certified mechanic performing maintenance or making repairs upon an FAA registered aircraft, prior to returning an aircraft to service, to make an entry in the log approving the craft for return to service and signifying that the helicopter engines were at least equal to their original condition at completion of the maintenance or repair. It is also undisputed that inasmuch as service on the helicopter had not been completed as of midnight, August 4, 1985, no signature of certification of completion of satisfactory repairs had been entered by the mechanic. Justice and his five companions drove to Peachtree-DeKalb Airport and used the helicopter for their joy-ride. When the oil supply was exhausted, the helicopter crash-landed, resulting in varying degrees of injuries to the six occupants. The passengers brought an action against Justice (among other defendants) seeking damages for their injuries. Justice requested Metro’s insurer, Puritan Insurance Company, to defend him in those actions inasmuch as he was a named insured in the policy. Puritan, relying upon an exclusionary clause in the policy, brought the present declaratory judgment action [668]*668contending coverage was voided and excluded and no defense was justified. After much discovery, Puritan moved for summary judgment as did the several defendants in the declaratory judgment action. The trial court concluded that the exclusionary provision advanced by Puritan, Exclusion 2 (c), was applicable and excluded coverage because the airworthiness certificate was not in full force and effect because the helicopter had not been maintained in accordance with Part 43 of the Federal Aviation Regulations. Summary judgment was granted to Puritan and the court found no obligation on the part of the insurer to defend any claim asserted for the injuries arising out of the helicopter crash. Coren (Case No. 74651), Justice (Case No. 74652) and Patterson and Ellison (Case No. 74653) have all sought appeal, in substance enumerating the same errors. Held:

1. The trial court based its decision upon Exclusion 2 (c) of the policy, which states that the policy does not apply, and no coverage is afforded to any insured while the aircraft is in flight “[i]f its airworthiness certificate is not in full force and effect.” The insurance policy also contained a “Standard Endorsement No. 10” which provided, in part: “The EXCLUSIONS of the policy to which this endorsement is attached are deleted and are replaced by the following exclusions. . . .” Hence, the trial court erred in basing its decision on Exclusion 2 (c) of the policy which was superseded by Endorsement 10.

Paragraph 3 of Endorsement 10 also provides that “the Insurer expressly agrees that no violation by the Named Insured of any safety or economic rule, regulation, order, or other legally imposed requirement of the Federal Aviation Administration . . . shall affect the insurance afforded under this policy.” Thus, any violation of FAA regulations was waived as a basis for denial of insurance coverage.

However, the Exclusions section of Endorsement 10, excludes from coverage: “Any loss arising from operations with aircraft for which an airworthiness certificate had not been issued, has been surrendered, or has been suspended or revoked by the Administrator of the Federal Aviation Administration, or has expired by its own terms. . . .” (Emphasis supplied.) The airworthiness certificate was prominently posted in the interior of the helicopter and stated: “this airworthiness certificate is effective as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 21, 43, and 91 of the Federal Aviation Regulations. . . .”

Section 21.181, FAA regulations, provides that an airworthiness certificate is “effective,” unless sooner revoked or terminated, “as long as the maintenance, preventive maintenance, and alterations are performed in accordance with Parts 43 and 91 of this chapter. . . .” 14 CFR 76-77. Section 91.167 states that no person may operate any aircraft that has undergone maintenance, preventive maintenance, or alteration, unless “[i]t has been approved for return to service by a [669]*669person authorized under § 43.7 of this chapter; and . . . [t]he maintenance record entry required by § 43.9 or § 43.11, as applicable, of this chapter has been made.” 14 CFR 187. As stated earlier, it is undisputed that this aircraft was undergoing maintenance and repair and no mechanic had authorized its return to service, nor had any entry required by FAA regulations been made.

Accordingly, even though Endorsement 10 provides that the insurer waived any violation of FAA regulations as a basis for denial of coverage, the same endorsement stated that insurance coverage was excluded for any loss arising from operation of the helicopter if the airworthiness certificate “has expired by its [own] terms.” This helicopter’s airworthiness certificate had expired by its own terms on its face because the helicopter was undergoing maintenance and repair and had not been returned to service by an authorized mechanic nor had the record entry been made of its return to service. Under the terms contained on the face of the airworthiness certificate it was no longer “effective.” The trial court was correct in its finding that “the airworthiness certificate of the helicopter was not in full force and effect at the time of the accident,” although it was incorrect to base such finding upon Exclusion 2 (c) of the contract, which had been superseded. Regardless of the reason given, a judgment “right for any reason” will be affirmed by an appellate court. Knight v. Stevens Logging, 173 Ga. App. 359, 360 (326 SE2d 494); Fourteen West Realty v. Wesson, 167 Ga. App. 539, 540 (307 SE2d 28).

2. Puritan argues that Endorsement 10 is applicable only for “air transportation” services, and that “air transportation” involves only interstate or foreign air service. We do not agree. Puritan apparently convinced the trial court that the local “joy-ride” involved neither interstate nor foreign transportation and the amendment did not apply.

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Coren v. Puritan Insurance
362 S.E.2d 380 (Court of Appeals of Georgia, 1987)

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Bluebook (online)
362 S.E.2d 380, 184 Ga. App. 667, 1987 Ga. App. LEXIS 2353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coren-v-puritan-insurance-gactapp-1987.