(Download) "Eagle Indemnity Co. V. Industrial Accident Commission" by First Appellate District, Division Two District Court Of Appeal Of California * eBook PDF Kindle ePub Free
eBook details
- Title: Eagle Indemnity Co. V. Industrial Accident Commission
- Author : First Appellate District, Division Two District Court Of Appeal Of California
- Release Date : January 07, 1949
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Clarence Abernathy, acting as a pilot for Nat's Air Transportation Service, was, on October 17, 1946, killed in an airplane crash. In addition to his duties as pilot, Abernathy was secretary of Nat's Air Transportation Service, a corporation, but received no remuneration for performance of the secretary's duties. The employer's insurance carrier, petitioner, denies liability on the ground that an endorsement attached to the policy of workmen's compensation insurance excluded Abernathy's death from coverage because of the following language: "It is agreed that, anything in this policy to the contrary notwithstanding, this policy does not insure: As respects (death) sustained by any person having the title of . . . Secretary . . . of this employer, irrespective of the work performed by such person, unless specifically included by statement in the Schedule of Operations of the Declarations or specifically insured by Endorsements attached to this policy." Pilots were included, as a class, in the schedule of operations but petitioner asserts that Abernathy was not "specifically included" therein. We will assume that the words "unless specifically included by statement in the Schedule of Operations" refer to a designation in some manner of the particular person having the title of secretary and that, therefore, Abernathy was not included within the schedule of operations so as to satisfy the provision of the endorsement.