United States v. Eagle Star Ins. Co., Limited
Opinion
Opinion
Pope, J.
William F. Leland of Seattle, Washington, the above decedent, was the owner of a DC-3 airplane. On the evening of January 2, 1949, the plane attempted to take off from Boeing Field at Seattle, loaded with a group of 27 Yale students returning to school from their Christmas holidays. The plane crashed killing a number of the students, as well as Leland, the pilot, and the co-pilot, and destroying the plane. In the crack-up the plane struck some installations owned by King County, Washington, causing damage thereto.
Leland, who was operating the plane as a nonscheduled aircarrier, had a certificate of insurance issued by the appellees. It insured him against accidental loss of or damage to the aircraft and against public liability for (bodily injury or death to third persons and against loss arising from liability for property damage caused by accidents occurring through use of the plane.
King County filed a claim and 'brought suit against Leland’s estate to recover for damages done to the County’s property, a revetment hangar located on the airfield. The administrator notified the appellees of the claim and suit but they refused to settle or defend.