[2011] A.J. No. 473

2011 ABQB 283

Alberta Court of Queen's Bench

B.A. Browne J.

April 26, 2011

Appeal from master's decision that insured had "required license" under aircraft policy allowed.

The appellant insurer, a defendant in an action brought by the respondent plaintiff, appealed a master's decision in an application for an opinion on a stated question; the correct interpretation of the insurer's policy covering an aircraft owned by the insured, the deceased owner and pilot of an aircraft which crashed. The plaintiff was the executor under the insured's will and administrator of his estate.

The plaintiff filed a claim against the insurer seeking recovery of $60,000 for damage to the plane based on the policy coverage. The insurer denied coverage arguing that the insured did not have a valid medical certificate and therefore did not have the "required license" under the policy. The issue before the Court was the interpretation of the policy condition that required the pilot to have the "required license" thus determining the validity of the policy. The master found that the insured had the required license and, accordingly, the aircraft was insured at the time of the crash. The insurer successfully appealed that decision finding that the master erred in law in his interpretation of the meaning of "required license" contained in the policy, and found that the policy was not in force as the insured did not have a valid medical certificate at the time of the accident and, therefore, was not the holder of a "required license".