Roach v. Churchman

431 F.2d 849
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 18, 1970
DocketNos. 19923, 19924, 19945, 19946
StatusPublished
Cited by29 cases

This text of 431 F.2d 849 (Roach v. Churchman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roach v. Churchman, 431 F.2d 849 (8th Cir. 1970).

Opinion

BRIGHT, Circuit Judge.

Merle Ravenstein, the insured, piloted a single-engine airplane which crashed during the night of August 20-21, 1966, causing his own death and that of his passenger, John H. Roach. Ravenstein’s final ill-fated flight commenced at St. Joseph, Missouri, at 11:23 p. m., and ended at approximately 12:15 a. m. when the plane crashed near Glenwood, Iowa, enroute to Omaha, Nebraska. According to the records kept in his pilot log book, Ravenstein had failed to practice night landings and take-offs within ninety days of the fatal flight. Federal Aviation Administration 1 regulations prohibit a pilot from carrying passengers at night without such recent night flying experience. The insurer, American Home Assurance Company, instituted a declaratory judgment action seeking the court’s determination of no liability for this accident under an aviation insurance policy which protected Ravenstein against liability claims. The insurer contends that Ravenstein’s violation of this night flight regulation relating to aircraft passengers served to negate coverage under exclusions contained in the policy. The trial court, in an unpublished opinion, agreed with the insurer and entered a judgment declaring the policy inapplicable to this accident. The defendants in the declaratory judgment action, John Churchman as administrator of the pilot’s estate, and the passenger’s widow, E. Roberta Roach, as administratrix, appeal.2 For reasons stated below, we reverse and hold the [851]*851pertinent exclusionary clauses inapplicable in this ease.

The insurance policy in effect at the time of the accident afforded, among other things, protection to the named insured, Merle Ravenstein, and his wife Rose for bodily injury or death claims (including passengers) “caused by an occurrence and arising out of the ownership, maintenance or use of the aircraft.” It also contained the following exclusions pertinent to this case:

This policy does not apply:
******
3. while, with the knowledge and consent of an insured—
(a) the aircraft is being operated by an approved pilot who commences a flight in violation of the terms and limitations of his Federal Aviation Agency Pilot Certificate or Medical Certificate;
(b) the aircraft is being used for any unlawful purpose. * *
(Emphasis added.)

The insurer, as plaintiff, presented the following few facts to the trial court in support of its complaint. Ravenstein’s flight records contain entries showing that he performed “six night touch & go landings 4-15-66.” In a separate aircraft log book, Ravenstein, under the same date, entered a notation that “new landing lights worked good.” These records disclose no additional night flying from April 15, 1966, to the final entry dated August 11, 1966. Ravenstein’s widow testified that her late husband had disliked night flying, had accurately kept flight records and to the best of her knowledge had not participated in flying after dark between April 15, 1966, and the date of the fatal flight, a period spanning 127 days.

The specific FAA regulation relied upon by the insurer to deny coverage under the policy exclusion reads:

§ 61.47 Recent flight experience.
******
(b) Night experience. No person may act as pilot in command of an aircraft carrying passengers during the period beginning 1 hour after sunset and ending 1 hour before sunrise (as published in the American Air Almanac) unless, within the preceding 90 days, he has made at least five takeoffs and five landings to a full stop during that period of the day. This paragraph does not apply to operations requiring an airline transport pilot certificate. 14 C.F.R. § 61.47(b) (1970 edition).

The district court specifically found that the pilot violated this regulation. Reasoning that a pilot’s certificate logically incorporates all FAA regulations pertaining thereto, the court concluded that Ravenstein had commenced his flight in violation of the “terms and limitations of his * * * Pilot Certificate” and had used the aircraft for an “unlawful purpose” within the language of the policy exclusions.

In our view, the trial court gave these questioned exclusionary provisions an overbroad construction contrary to the well-settled general rule that exceptions, limitations and exclusions to insuring agreements require a narrow construction on the theory that the insurer, having affirmatively expressed coverage through broad promises, assumes a duty to define any limitations upon that coverage in clear and explicit terms. This court follows that rule, Aetna Casualty and Surety Company v. Stover, 327 F.2d 288 (1964); Insurance Company of North America v. General Aviation Supply Co., 283 F.2d 590 (1960); Great American Indem. Co. of New York v. Saltzman, 213 F.2d 743 (1954), as do the courts of Iowa whose law governs this diversity action, General Casualty Company of Wisconsin v. Hines, Iowa, 156 N.W.2d 118, 122 (1968); Wilson v. State Farm Mutual Automobile Insurance Company, 256 Iowa 844, 128 N.W.2d 218, 220 (1964); Mallinger v. State Farm Mutual Automobile Insurance Company, 253 Iowa 222, 111 N.W.2d 647 (1961); Olson v. Southern Surety Co., 201 Iowa 1334, 208 N.W. 213, 215-216 (1926). See gener[852]*852ally, 13 J. Appleman, Insurance Law and Practice § 7387 (Supp.1970).

We here face the question of whether the exclusionary clauses, reasonably construed, incorporate the specific terms of FAA Regulation § 61.47(b). The parties concede that Ravenstein possessed a current private pilot’s license entitling him to fly a single-engine land airplane. Neither party introduced the pilot’s certificate itself into evidence, but other data made part of the record indicate that Ravenstein possessed a current certificate on the date of the accident. The ordinary reading of the policy phrase “terms and limitations of his Federal Aviation Pilot Certificate or Medical Certificate” reasonably infers the existence of limitations upon either certificate. Indeed, the governing statute expressly provides for limitations.3

Consideration of the medical certificate limitations aside, the FAA regulations permit the Federal Aviation Administration to issue student, private and commercial pilot certificates plus those for airline transport pilots, special purpose pilots and flight instructors. 14 C.F.R. § 61.3. A private pilot’s certificate must bear a category rating as airplane, rotor-craft, glider, or'lighter-than-air and a

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431 F.2d 849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roach-v-churchman-ca8-1970.