Policy's terms prevail over FAA regulations.

- Provision in an insurance policy requiring that only pilots with "proper [Federal Aviation Agency pilot] certificates" may operate the aircraft, does not require exact compliance with the face of the pilot's certificate, since the policy's terms specifying the limits of the coverage, and not the Federal Aviation Agency's regulations, prevail. Ranger Ins. Co. v. Culberson, 454 F.2d 857 (5th Cir. 1971), cert. denied, 407 U.S. 916, 92 S. Ct. 2440, 32 L. Ed. 2d 691 (1972).

Endorsement of passenger coverage provision in an insurance policy prevails over a provision suspending coverage for operation of a plane "in any manner which requires a special permit or waiver from the Federal Aviation Agency (FAA)" when the plane was operated in violation of FAA regulation since the policy clearly was endorsed so as to cover just such operation. Ranger Ins. Co. v. Culberson, 454 F.2d 857 (5th Cir. 1971), cert. denied, 407 U.S. 916, 92 S. Ct. 2440, 32 L. Ed. 2d 691 (1972).

Limitation of liability based on absence of valid medical certificate.

- Limitation of liability based upon absence of a valid medical certificate relates to pilot "status" and does not constitute a condition subsequent tending illegally to vitiate coverage. Boone v. Ranger Ins. Co., 152 Ga. App. 891, 264 S.E.2d 325 (1980).

Policy exclusion for losses arising out of the operation of a helicopter for which the airworthiness certificate has expired does not violate subsection (a) O.C.G.A. § 33-24-30, even though the effectiveness of that certificate is governed by compliance with federal regulations, since the basis for exclusion of coverage is the operation of the helicopter without the airworthiness certificate, not the violation of the underlying regulations. Coren v. Puritan Ins. Co., 184 Ga. App. 667, 362 S.E.2d 380, cert. denied, 184 Ga. App. 903, 363 S.E.2d 159 (1987).

Policy language fairly interpreted as an exclusion.

- When a policy states that "the coverage afforded by this policy shall not apply . . ." unless the aircraft operator holds a "valid and effective pilot and medical certificate," this language would unambiguously indicate to the insured that insurance coverage would be suspended if the plane was operated by a pilot without an effective pilot certificate and medical examination. Thus, the language was fairly interpreted as an exclusion. Monarch Ins. Co. v. Polytech Indus., Inc., 655 F. Supp. 1058 (M.D. Ga.), aff'd, 833 F.2d 1020 (11th Cir. 1987).

Exclusion rating to pilot certification valid.

- Exclusion of liability was valid under subsection (b) of O.C.G.A. § 33-24-30 where it applied to instances when the pilot was not licensed and qualified under federal laws and regulations. Brown v. North Am. Specialty Ins. Co., 235 Ga. App. 299, 508 S.E.2d 741 (1998).

Endorsement held binding.

- Pilot endorsement which says that, in addition to named persons, a pilot approved under the policy would be . . . "any commercial pilot with a minimum of 300 total logged flying hours, of which not less than 10 hours shall have been in the same make and model aircraft as the insured," was a valid and binding requirement for the insured and barred coverage of a commercial pilot who had not logged 10 flying hours as first in command of the type of aircraft involved, since the pilot was operating the controls at the time of the crash, even if another person was first in command at the time of the crash. Monarch Ins. Co. v. Polytech Indus., Inc., 655 F. Supp. 1058 (M.D. Ga.), aff'd, 833 F.2d 1019 (11th Cir. 1987).

Cited in F & M Bank v. Ranger Ins. Co., 125 Ga. App. 166, 186 S.E.2d 579 (1971); U.S. Fire Ins. Co. v. Hilde, 172 Ga. App. 161, 322 S.E.2d 285 (1984).

ALR.

- Construction and application of provision of life or accident policy relating to aeronautics, 17 A.L.R.2d 1041.

Property insurance on aircraft; risks and losses covered, 48 A.L.R.3d 1120.

Construction of provision of aviation liability policy which requires pilot of insured aircraft to have appropriate license or certification, 72 A.L.R.3d 525.

Risks and causes of loss covered or excluded by aviation liability policy, 86 A.L.R.3d 118.

What is "aircraft" or the like within meaning of exclusion or exception clause of insurance policy, 39 A.L.R.4th 214.

Aviation insurance: causal link between breach of policy provisions and accident as requisite to avoid insurer's liability, 48 A.L.R.4th 778.