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INSURANCE COMPANY OF NORTH AMERICA v. OURS

Nos. 71-347 to 71-349.

266 So.2d 168 (1972)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Joe OURS and James H. Pruitt Agency, Inc., Appellees. INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Joyce JOHNS, Administratrix of the Estate of Pauline J. Ours Welch, Deceased, and James H. Pruitt Agency, Inc., Appellees. INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Joe OURS, As Administrator of the Estate of Polly Lou Ours, Deceased, and James H. Pruitt Agency, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 29, 1972.

Attorney(s) appearing for the Case

Leonard N. D'Aiuto and Dale O. Morgan of Howell, Kirby, Montgomery, D'Aiuto, Dean & Hallowes, Orlando, for appellant.

Sammy Cacciatore of Nance & Cacciatore, Melbourne, for appellees Joyce Johns, etc.

Robert Orseck of Podhurst, Orseck & Parks, Miami, for appellees Joe Ours and Joe Ours, as Administrator, etc.

PER CURIAM.

We consolidate for purpose of review these appeals.

Marty's Flying Service, Inc., the owner of several airplanes, was the insured under an aircraft insurance policy issued by defendant Insurance Company of North America (I.N.A.). This policy as written contained a "pilot warranty" clause, which specified that the in-flight coverage provided by the policy for a "Mooney Super 21" airplane, owned by Marty's, did not apply unless the pilot had logged...

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