SUTHERLAND v. GREAT FIDELITY LIFE INS. CO.


707 S.W.2d 344 (1986)

Jane B. SUTHERLAND, Movant, v. GREAT FIDELITY LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Kentucky.

April 10, 1986.


Attorney(s) appearing for the Case

Richard V. Beliles, Louisville, for movant.

Louis N. Garlove, Louisville, for respondent.


STEPHENS, Chief Justice.

The issue presented, one of first impression in the Commonwealth, is whether the phrase "fare paying passenger" in an insurance contract includes an insured who made payments to a pilot who was not authorized to carry passengers.

The trial court denied the insurance company's motion for a directed verdict and awarded the beneficiary an accidental death benefit of $100,000 based on a jury finding that a fare had been paid. The Court...

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