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REPUBLIC INS. CO. v. HAVERLAH

No. 12720.

565 S.W.2d 587 (1978)

REPUBLIC INSURANCE COMPANY, Appellant, v. Dennis HAVERLAH, Appellee.

Court of Civil Appeals of Texas, Austin.

May 3, 1978.

Attorney(s) appearing for the Case

Wayne H. Prescott, Brown, Maroney, Rose, Baker & Barber, Austin, for appellant.

Jonathon H. Smith, Austin, for appellee.

O'QUINN, Justice.

The controlling issue in this appeal is whether an unoccupied aircraft, damaged while "in motion" on the ground, was at the time being "operated by a licensed pilot" within coverage of the policy of insurance sued upon.

Dennis Haverlah brought this suit against Republic Insurance Company for damages to an airplane owned by Haverlah under a policy of insurance Haverlah claimed protected against such loss. Republic Insurance denied liability...

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