AVIATION CHARTERS, INC. v. AVEMCO INS. CO.


763 A.2d 312 (2000)

335 N.J. Super. 591

AVIATION CHARTERS, INC., Plaintiff-Respondent, v. AVEMCO INSURANCE COMPANY, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 21, 2000.


Attorney(s) appearing for the Case

John E. Salmon, argued the cause for appellant (Rawle & Henderson, attorneys; Joseph A. Ricchezza and Phillip J. Meyer, of counsel, Philadelphia, PA; Mr. Meyer, on the brief).

George T. Dougherty, Lawrenceville, argued the cause for respondent (Katz & Dougherty, attorneys; Mr. Dougherty, on the brief).

Before Judges CONLEY, WECKER and LESEMANN.


The opinion of the court was delivered by CONLEY, J.A.D.

Defendant Avemco Insurance Company (Avemco), an aviation insurer, appeals summary judgment granted plaintiff Aviation Charters, Inc. (Charters), its insured. The effect of the summary judgment obligates Avemco to cover Charters' aircraft property damage loss of $52,500 despite the existence of a clear and unambiguous exclusionary clause in the insurance policy. The motion judge concluded that the exclusionary...

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