In Van Berlo v Aim Underwriting Limited, 2014 ONSC 4648, Mr. Van Berlo, the plaintiff, crashed his twin-engine aircraft during a take-off attempt on only one functioning engine. The main issue in this case was whether the crash was an accident within the meaning of the insurance policy (the “policy”) issued by the insurance company to the plaintiff. More specifically, was the decision by the plaintiff to take-off knowing that one of the two engines was not functioning, and then crashing, an occurrence that amounted to an “accident” within the meaning of the policy.
A One-Engine Take-off from a Twin-Engine Aircraft… What are the Chances That This is an Accident?
February 2015
Kelly Santini LLP, Ontario
