Continental Casualty Company v. Audie Warren

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the death of pilot Warren while operating the insured aircraft is covered by the airplane accident insurance policy. The majority reasoned that the pilot is an "insured person" under the policy and that the phrase "riding as a passenger" does not exclude him from coverage. The Court applied the rule that ambiguities in insurance contracts are strictly construed against the insurer. Justice Griffin dissented, arguing that the term "passenger" excludes the pilot and that the policy therefore does not cover his death.