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HOLLYWOOD FLYING SERVICE v. COMPASS INS. CO.

No. 78-3202 Summary Calendar.

597 F.2d 507 (1979)

HOLLYWOOD FLYING SERVICE, INC., a Florida Corporation, Plaintiff-Appellant, v. COMPASS INSURANCE COMPANY, a Foreign Insurance Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 21, 1979.

Attorney(s) appearing for the Case

Mark S. Roth, Hollywood, Fla., for plaintiff-appellant.

McDonald & McDonald, David C. McDonald, Miami, Fla., John Adler, Chicago, Ill., for defendant-appellee.

Before COLEMAN, FAY and RUBIN, Circuit Judges.

PER CURIAM:

Hollywood owned a Beach Queen Air plane. It crashed into the Gulf of Mexico while rented for a flight to St. Croix, Virgin Islands. Hollywood sought to recover the insured value of the plane, $95,000, under a policy issued by Compass. Compass denied liability to Hollywood on the basis of an exclusion in the policy which stated:

This Policy does not apply * * * to any Insured * * * who operates or permits...

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