Bright

This action involves a dispute between the estate of respondent’s insured (McCoy) and respondent, Middlesex Mutual Insurance Company (Middlesex), concerning the coverage afforded by an aircraft insurance policy issued to McCoy in connection with a loss occurring on November 28, 1972.

Middlesex filed a complaint for declaratory relief requesting a judicial determination that the insurance policy does not provide coverage for the loss, and that plaintiff is not obligated to defend an action brought by Southern California Edison Company against plaintiff’s insured. McCoy cross-complained against Middlesex, seeking a declaration that Middlesex has a duty under the policy to indemnify and to reimburse McCoy for expenses incurred in defending the Edison Company action.

The Facts

The matter was submitted to the trial court on a written stipulation of facts which may be briefly summarized as follows:

Plaintiff issued its policy of insurance insuring a certain aircraft owned by Jack E. McCoy and Clair K. Lair and providing public liability and property damage coverage.

On November 28, 1972, while the insurance was in force, the aircraft, piloted by Jack McCoy, struck a tower…