In a case involving an insurance coverage dispute arising from a wrongful death and products liability claim, the plaintiff/appellant appealed the June 26, 2015 judgment of the district court granting summary judgment in favor of the defendant/appellee, and dismissing all claims against the defendant/appellee with prejudice.

 

In the appeal, Mr. Darrell Cherry established in an early summary judgment that there was no basis for coverage of an experimental aircraft that produced two deaths, excluding any duty to defend or indemnify. A quick strike at the beginning of very sympathetic wrongful death claims by Mr. Cherry protected the client from having to expend large sums defending one defendant and itself through protracted litigation. The final rulings extricated the insurer form any obligation to defend or indemnify on an aviation liability policy in the early stages of protracted litigation and established that parol evidence and subjective beliefs cannot be used to contradict or extend the provisions of the policy.