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PICKETT v. WOODS

No. 80-1112.

404 So.2d 1152 (1981)

Nancy Elizabeth PICKETT, As Personal Representative of the Estate of Wilbur Crafts Pickett, Jr., Deceased, et al., Appellants, v. T. Michael WOODS, Successor Personal Representative of the Estate of Jack L. Byrd, Deceased, Foremost Insurance Company, a Michigan Corporation, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

October 21, 1981.

Attorney(s) appearing for the Case

Lester A. Lewis of Smalbein, Eubank, Johnson, Rosier & Bussey, P.A., Daytona Beach, for appellants.

David William Boone of Dolan, Fertig & Curtis, P.A., Fort Lauderdale, for appellee Foremost Insurance Co.

No appearance for appellees Woods and Sellers.

FRANK D. UPCHURCH, Jr., Judge.

Appellant Nancy Pickett's husband, Dr. Wilbur Pickett, was killed in an aircraft accident. The trial court held that a policy issued by appellee Foremost Insurance Company did not cover the liability as claimed by appellant. An exclusion in the policy provided in pertinent part:

This policy does not apply: 4. to any insured (b) who operates or permits the operation of the aircraft, while in flight, unless...

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