ALLSTATE INS. CO. v. ELLISON

No. 84-4250.

757 F.2d 1042 (1985)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellee, v. John ELLISON, Sr., John Ellison, Jr., and Vince J. Kaplan, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 9, 1985.


Attorney(s) appearing for the Case

James Powell, Anchorage, Alaska, for plaintiff-appellee.

Reginald J. Christie, Jr., Anchorage, Alaska, for defendants-appellants.

Before WRIGHT, KENNEDY, and ANDERSON, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This appeal raises one issue: does an aircraft exclusionary provision in a homeowners insurance contract preclude recovery under a negligent entrustment theory for injuries sustained in an airplane crash?

FACTS:

Vince J. Kaplan was injured in an airplane crash in a plane piloted and owned by John Ellison, Jr. Kaplan filed a personal injury action against Ellison, Jr., alleging that he had negligently interfered with...

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