 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Escobedo v. Estate of Danny G. Snider2/20/1996
YEGAN, J.:
Mary Ruth Escobedo appeals from a judgment entered in favor of defendant, Estate of Danny G. Snider (Snider), in an action for wrongful death arising out of an airplane crash in which Snider and appellant's daughter, Jeannie Escobedo, were killed. Appellant sought recovery under an aircraft policy issued by National Aviation Underwriters, Inc. (National). Notwithstanding repeated notices by the carrier that the policy would be "canceled" if the renewal premium was not paid, the trial court ruled that the policy had "expired" before the crash because Snider did not pay the renewal premium. Public Utilities Code section 24361 provides that a noncommercial aircraft policy remains in force and effect until the insurer or its insured mails a cancellation notice to the California Department of Aeronautics, a division of the Department of Transportation. Here, no notice was mailed to the department. A case decided subsequent to the trial court's ruling compels reversal of the judgment.
FACTS
In 1990, Snider owned and maintained a Piper airplane at the Oxnard airport. Pursuant to a rental agreement with the Ventura County Department of Airports (County), Snider had to purchase liability insurance and furnish County a certificate of insurance. Snider purchased a non-commercial aircraft policy from National with $100,000 bodily injury coverage. The policy stated that it was effective October 11, 1990, "until canceled," and contained the following endorsement: "We agree: . . . to mail 30 days prior written notice to addressee if we cancel this policy . . . ." (Emphasis added.) County was listed as the "addressee" on the endorsement.
Snider renewed the policy in 1991 but failed to pay the annual premium in 1992. On September 12, 1992, National mailed a premium notice warning Snider that the policy would be "canceled" if payment was not received by October 12, 1992. On October 13, 1992, it mailed a second notice that stated: "As noted on your premium due notice, your payment was due on 10/12/92. Since no payment was received, your policy was canceled as of that date. (Emphasis added.) Moreover, your policy will be reinstated with no lapse in coverage, if a payment of $328.42 is received by 10/27/92." (Emphasis added.)
On October 30, 1992, Snider and his passenger, Escobedo, were killed when the Piper airplane crashed.
TRIAL COURT PROCEEDINGS
Appellant filed suit against Snider's estate. National denied coverage on the theory that the policy was "canceled" before the airplane crash. The parties waived jury and submitted the coverage issue to the trial court based on a statement of stipulated facts. National stipulated that it did not send a cancellation notice to the California Department of Transportation or the County before the airplane crash.
The trial court ruled that "the policy had expired on October 12, 1992 for nonpayment of premium." (Emphasis added.) It stated that "the contentions of plaintiff that the policy continued in force after the date due for premium payment through a failure to comply with the Uniform Aircraft Financial Responsibility Act (Public Utilities Code § 24230 et seq.) and/or failure to provide the County of Ventura with 30 days notice of cancellation has been considered and rejected."
UNIFORM AIRCRAFT FINANCIAL RESPONSIBILITY ACT
We scrutinize the policy in the context of the Uniform Aircraft Financial Responsibility Act (UAFRA). ( § 24230, et seq.) In construing insurance contracts, doubts, uncertainties, and ambiguities arising out of the policy language are construed in favor of the insured to protect the insured's reasonable expectation of coverag
Page 1 2 3 California Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|