ROBERTS v. GONZALEZ

Civ. Nos. 429-1970, 408-1969 and 432-1970.

495 F.Supp. 1310 (1980)

John A. ROBERTS, III, Executor of the Estate of David Roberts, Deceased, Plaintiff, v. Hector L. GONZALEZ and Conquest Airways, Inc. and Hector Gonzalez, d/b/a Caribbean Executive Airlines, Inc., and Caribbean Executive Airlines, Inc. and Mrs. Raymond Mars or John Doe (Designated as such by the lack of knowledge of the true Administrator's name), Administrator of the Estate of Raymond Mars, Deceased, Defendants. Luther BENJAMIN, Administrator of the Estate of Carmen Elena Benjamin, Deceased and Luther Benjamin, Administrator of the Estate of Nellie Theresa Benjamin, Deceased and Luther and Delia Benjamin and Jacqueline Benjamin, Administratrix of the Estate of Edward C. Wheatley, Deceased and John A. Richardson, Administrator of the Estate of Severina Richardson, Deceased and Luther Benjamin, Parent and Natural Guardian of Agnes Benjamin, a minor and Luther Benjamin, in his own right, Plaintiffs, v. Hector L. GONZALEZ and Conquest Airways, Inc., and Hector L. Gonzalez, d/b/a Conquest Airways, Inc., and Caribbean Executive Airlines, Inc. and Mrs. Raymond Mars or John Doe (Designated as such by the lack of knowledge of the true Administrator's name), Administrator of the Estate of Raymond Mars, Deceased, Defendants. Joseph L. LEDEE, Laurita A. Ledee, and Karel L. Perez, Plaintiffs, v. Hector L. GONZALEZ and Conquest Airways, Inc., and Hector L. Gonzalez, d/b/a Conquest Airways, Inc. and Bonita Airlines, Inc., d/b/a Caribbean Executive Airlines, Inc. and Caribbean Executive Airlines, Inc. and Mrs. Raymond Price Mars or John Doe (Designated as such by the lack of knowledge of the true Administrator's name), Administrator of the Estate of Raymond Price Mars, Deceased, Defendants.

District Court, Virgin Islands, D. St. Thomas and St. John.

August 13, 1980.


Attorney(s) appearing for the Case

Alexander A. Farrelly, Charlotte Amalie, St. Thomas, V. I., Birch deJongh & Farrelly, Charlotte Amalie, St. Thomas, V. I., for plaintiffs; James E. Beasley, Philadelphia, Pa., Beasley, Hewson, Casey, Colleran & Stopford, Philadelphia, Pa., of counsel.

Frederick D. Rosenberg, Charlotte Amalie, St. Thomas, V. I., Bailey, Wood & Rosenberg, Charlotte Amalie, St. Thomas, V. I., for defendant-Caribbean; Alex Gonzalez, Hato Rey, P. R., Dubon, Gonzalez & Berrios, Hato Rey, P. R., of counsel.


OPINION

CHRISTIAN, Chief Judge.

This matter is before the Court following a hearing to resolve whether the "temporary use of substitute aircraft" provision contained in defendant Caribbean Executive Airline Inc.'s (Caribbean) insurance policy covers the plaintiffs' claims. Plaintiff John Roberts originally purchased a ticket to fly via Caribbean but, after Caribbean's plane malfunctioned, was transferred to a charter flight of defendant Conquest Airways...

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