Travelers Prop. Cas. Co. of Am. v. H.E. Sutton Forwarding Co., LLC, No. 2:21-CV-719-JES-KCD, 2023 WL 5486746 (M.D. Fla. Aug. 24, 2023)

This matter involved a petition by Travelers, seeking a declaration that it did not owe a duty to indemnify or defend its insured in a personal injury lawsuit pursuant to its “Aircraft Liability Exclusion.”

The plaintiff in the underlying matter was involved a tractor trailer accident while working in the course of his employment transporting horses. His tractor trailer came into contact with the wing of “Air Horse One,” a plane used to transport horses.

Travelers moved for summary judgment, and the defendant opposed, arguing that the policy was “illusory,” as if the “Aircraft Liability Exclusion” were to be applied, because they only operate aircrafts. The court agreed with the defendant and denied Travelers’ motion.

The District Court reversed the findings of the lower court and determined that the policy was not illusory and that Travelers was able to deny coverage under its policy.