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LOOMER v. M.R.T. FLYING SERVICE, INC.

384 Pa.Super. 244 (1989)

558 A.2d 103

Pauline LOOMER, Executrix of the Estate of Walter Loomer, Louise Miller, Administratrix of the Estate of Donald Miller v. M.R.T. FLYING SERVICE, INC., Cessna Aircraft and James D. Miller, t/a Miller Aviation. Appeal of Pauline LOOMER, Executrix of the Estate of Walter Loomer.

Supreme Court of Pennsylvania.

Filed May 2, 1989.

Attorney(s) appearing for the Case

Richard F. Stevens, Allentown, for appellants.

Edward C. German, Philadelphia, for appellees.

Before WIEAND, McEWEN and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

Pauline Loomer, executrix of the estate of Walter Loomer, appeals from an order of the Court of Common Pleas of Bradford County, entitling Loomer to the insurance coverage provided to a "passenger" pursuant to the terms of an insurance policy.

On September 20, 1975, Walter Loomer was piloting an aircraft leased to him by the M.R.T. Flying Service, Inc. ("MRT"). The plane was also occupied by Donald Miller and David Lennington. Due to a defective...

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