Kernrechtsfrage
Whether the insurer proved an exclusion of coverage because the flight was commercial and the aircraft lacked required authorizations.
Extrahierter Entscheid
The insurer did not prove that the accident flight was a commercial flight within the meaning of the applicable aviation rules; the exclusion clauses were therefore not triggered.
Extrahierte Begründung
The court held that the exclusion clauses were true exclusions, so the insurer bore the burden of proving the commercial character of the flight. The evidence showed only that the flight was remunerated, not that it produced profit, was aimed at regular income, or that the aircraft was in fact commercially operated.