Questão jurídica principal
Whether the flight was commercial so that insurance coverage was excluded under the policy and CGA clauses
Decisão extraída
The insurer did not prove that the aircraft was commercially operated within the meaning of the applicable aviation regulation and the policy exclusions.
Fundamentação extraída
The court held that a commercial flight required cumulative conditions: remuneration, a regular revenue purpose, and availability to an indeterminate circle. The isolated paid flights did not establish a regular revenue purpose, and the insurer also failed to prove that the contested flight involved a profit element.