American Casualty Company Redding

CROCKETT, Justice: Plaintiff American Casualty Co. sought a declaratory judgment that it has no liability in a plane crash which killed four persons, because its policy covering the plane's passengers is secondary and that the policy issued by defendant Eagle Star Insurance Co. is the primary coverage. The defense asserted by Eagle Star was that its policy excepted coverage of operating the aircraft under the terms of any agreement which provides any remuneration for the use of said aircraft. There was no dispute in the essential facts, as set forth below; and both parties moved for summary judgment. The problem as presented to the District Court and on appeal is this: if Lynn R. Silver was flying the plane under any agreement which provides any remuneration for its use, the exclusionary clause just referred to protects defendant Eagle Star from liability; and the coverage is by plaintiff American Casualty. The District Court rejected defendant's contention and entered summary judgment for the plaintiff. Defendant appeals.