Peyton Wilt, a minor, was a passenger on a gyrocopter piloted by Darren Mahler. Both were killed when the aircraft crashed. Wilt’s mother, Lindsey King (King) filed a lawsuit against several parties, including Mahler and Old Republic Insurance Company (Republic).

Republic denied coverage and countered with a motion to declare that they had no coverage obligation as their policy had only a single, fixed wing airplane listed on its policy. Mahler never added the gyrocopter. The original court ruled in favor of the insurer and King appealed.

Upon appeal, King argued that the wording of the Republic policy’s amendatory endorsement which the insurer relied on for denial was ambiguous. The court reviewed the policy and endorsement language. It considered that language in light of King’s point that the five elements of the relevant endorsement should be read and applied separately. Doing so would make the unlisted gyrocopter an eligible aircraft.

The court came to a different conclusion. It held that, using King’s interpretation would strain the language and lead to absurd results. The lower court ruling in favor of Republic was proper. The gyrocopter was not a listed aircraft and, according to the amended policy wording, did not qualify for coverage. The lower court decision was affirmed.

Lindsey King, plaintiff-appellee v. Old Republic Insurance Company, Christopher P. Brupbacher, Dofin Fruits d/b/a Have Gyro Will Travel, and the Succession of Darren Joseph Mahler, defendants-appellants. Court of Appeal of Louisiana, Fourth Circuit. No. 2016-CA-0170 Filed September 7, 2016 Affirmed Westlaw 2016 WL4698248