Petro
Petro v. Ohio Cas. Ins. Co.
Opinion
Opinion
Yankwich, J.
The question confronting the court is one of interpretation of the words in a contract of insurance. The facts are without dispute.
We start with the fact that a judgment was recovered by the plaintiffs here, as the heirs at law of the deceased, Walter "John Petro, for death caused in an accident, which the judgment of the Superior Court found was brought about by the negligence of Phillip Ray Brown. The judgment was for $50,235.70 and has not been paid. Phillip Ray Brown had a private pilot’s license and was receiving additional instructions under the GI Bill of Rights (38 U.S. C.A. secs. 693 et seq.) in a school operated by the Phipps Flying Service. Phipps Flying Service had a contract for education and training with the Veterans’ Administration, under which the Veterans’ Administration, as an instrumentality of the Government, agreed to pay for instruction of students. The rate was fixed on an hourly basis. Dual flight instruction was at the rate of $10.86, and solo flight at the rate of $7.86 per hour.
The defendant had entered into a contract of insurance with Harry Phipps, doing business as “Phipps Flying Service”, denominated “aviation liability policy”.