AETNA INSURANCE COMPANY v. APOLLO SLEEP PRODUCTS, INC.

65097.

164 Ga. App. 404 (1982)

297 S.E.2d 781

AETNA INSURANCE COMPANY v. APOLLO SLEEP PRODUCTS, INC. et al.

Court of Appeals of Georgia.

Rehearing Denied November 16, 1982.


Attorney(s) appearing for the Case

Robert P. Wilson, W. John Wilson, for appellant.

R. Hal Meeks, Jr., J. Bruce Welch, Bobby Lee Cook, Wayne Grant, for appellees.


DEEN, Presiding Judge.

The primary issue in this case appears to be whether the use and operation of a hot air balloon fitted with a passenger gondola, actually in flight although only 15 feet off the ground when plaintiff fell, is an aircraft coming within the exclusionary language of an insurance policy. This type of balloon would seem to be somewhere mid-between a "hang glider" on the one hand and an "airplane" on the other. We believe the holding in Fireman...

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