National Ins. Underwriters v. Carter

In National Ins. Underwriters v. Carter (1976) 17 Cal.3d 380, a small plane crashed, killing two passengers and damaging the Carters' residence. In discussing the policy exclusion for passengers, the Supreme Court noted the Legislature's concern for the toll aircraft accidents take on third party victims who suffer personal injury or property damage and have neither advance knowledge of flights of small aircraft nor the opportunity to assess risks and insure against them. ( Id. at p. 388.) Notwithstanding this acknowledgement, the court still found no coverage for the damage to the Carter residence because the pilot was excluded under the pilot exclusion clause of the policy. ( Id. at pp. 384-386.) Public policy did not trump the provisions of the insurance policy.