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NATIONAL INS., ETC. v. LEXINGTON FLYING CLUB

603 S.W.2d 490 (1979)

NATIONAL INSURANCE UNDERWRITERS and National Aviation Underwriters, Appellants, v. LEXINGTON FLYING CLUB, INC.; Deborah Hardin Baker, Administratrix of the Estates of Barbara J. Hardin and William T. Hardin; Deborah L. Hardin, Administratrix of the Estate of Steven T. Hardin; Robert Morsink and Joseph S. Polsgrove; Deborah L. Hardin, Individually, Appellees. LEXINGTON FLYING CLUB, INC.; Deborah Hardin Baker, Administratrix of the Estates of Barbara J. Hardin and William T. Hardin; Robert Morsink, Joseph S. Polsgrove, Cross-Appellants, v. NATIONAL INSURANCE UNDERWRITERS and National Aviation Underwriters, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 8, 1980.

Discretionary Review Denied September 16, 1980.

Attorney(s) appearing for the Case

James D. Ishmael, Jr., Brown, Sledd & McCann, P.S.C., Lexington, for appellants/cross-appellees.

Ben L. Kessinger, Jr., Harbison, Kessinger, Lisle & Bush, David T. Enlow, Murphy, King, Enlow & Dunn, Lexington, for appellees/cross-appellants.

Before MARTIN, C.J., and REYNOLDS and WILHOIT, JJ.

MARTIN, Chief Judge.

The trial court held that National Insurance Underwriters and National Aviation Underwriters owed a defense under its policy of insurance to the action by the Estate of Steven T. Hardin versus The Lexington Flying Club. From this judgment both parties have appealed.

On December 1, 1973, William T. Hardin, Barbara J. Hardin, and Steven T. Hardin were killed in an airplane crash near Jamestown, Tennessee. At the time of the crash, William...

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