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MARSHALL v. PEERLESS INSURANCE COMPANY

428 S.W.2d 190 (1968)

Charles MARSHALL et al., Appellants, v. The PEERLESS INSURANCE COMPANY et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 7, 1968.

Attorney(s) appearing for the Case

O. T. Hinton, Pikeville, for appellants.

E. R. Hays, Baird & Hays, Jack T. Page, Pikeville, for appellees.

OSBORNE, Judge.

This action involves the right of the owners of an aircraft to recover under a collision insurance policy for damages incurred when the craft overshot a landing and went off the end of the runway. Appellee, the Peerless Insurance Company, as insurer of the aircraft insists that it is not liable for the damages because of an exclusion in the policy. The pertinent facts developed on the trial of the action are as follows:

Charles Marshall, Maurice...

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