XL Specialty Insurance Co. v. Performance Aircraft Leasing, Inc.

Plaintiff insurer filed suit, seeking declaratory judgment that it did not owe Defendant coverage under the policy for property damage to airplane that crashed. Defendant insured failed to comply with policy's pilot warranty endorsement. Although co-pilot was approved by Defendant's chief pilot, he failed to go to simulator school annually, which was required by endorsement, and he did not complete company approved training prior to the flight. The fact that the policy gives insurer some discretion does not render the clause illusory.(McBRIDE and REYES, concurring.)