Issue: The aviation policy issued to the insured provided coverage except when the aircraft pilot was not one named or described in the policy. It provided coverage for the period from March 30, 1978 to March 30, 1979.

On March 16, 1979, the plane made a crash landing at an airfield in Cleveland. The endorsement limiting coverage to named pilots listed any person who was a bona fide member of Bonanza Corporation with a pilot's certificate and with stipulated flying hours, together with three other named pilots.

At the time of the accident, the pilot was Craig Reynolds, who was never a "member" of the Bonanza Corporation. The insurance company denied liability for the damage.

Judgment: The policy defined "Member" as follows:

"A member shall be defined as any person having an ownership interest in the flying club, or owning stock in the corporation (if the flying club is incorporated) for the primary purpose of sharing aircraft expenses with others."

Answers to interrogatories, as well as the deposition made by Reynolds, showed that Reynolds had no ownership interest in the Bonanza Corporation.

The trial court entered summary judgment dismissing the insured's action for reimbursement of damages and the insured appealed.

The higher court ruled that the policy provision was clear and unambiguous: that the company has a legitimated interest in pilot qualifications and the number of pilots operating the aircraft when it accepted the risk, since owners had a greater interest in protecting their property than non-owners. An endorsement to the policy also required that pilots be members of the insured corporation and excluded liability insurance coverage for injury or damage to members of their families.

Since the undisputed evidence established that Reynolds was not authorized by the policy to fly the plane, and since a clear and unambiguous exclusion suspended coverage while the plane was piloted by an unauthorized pilot, there was no coverage and the trial court properly granted a summary judgment in favor of the company.

Bonanza of Cleveland, Inc., v. Fairfax Underwriters Services, Inc., - Court of Appeals of Ohio, Cuyahoga County - December 28, 1981-450 North Eastern Reporter (2d) 689. (Rough Notes Magazine, January, 1984)