minimum standards for pilots and he does not meet those standards. (See Findings of Fact 29 to 37).
III. THE UNDERLYING FACTS
15. "Limerick" was the owner of a Cessna 402 multi-engine airplane.
16. Uwe Buehl had made application on behalf of Limerick for a policy of airplane insurance.
17. Global Aviation in reliance of the application wrote a standard aircraft policy through Ideal Mutual on June 7, 1978.
18. The application, the declaration and exclusions and a sample policy are Plaintiff's Exhibits 1, 2, and 3.
19. They fairly and accurately represent the documents applicable to this case.
20. On June 22, 1978 the said airplane crashed killing the pilot, Joseph Colantonio and four passengers.
21. The policy, if in force, would have insured the pilot and the passengers for up to $100,000 per seat.
22. If the policy were in force the insurance carrier would have the duty of investigating the accident, defending any claims, and paying any verdicts.
23. The insurance company, after an investigation, determined that facts existed to deny coverage.
24. Since the insurance carrier is contesting both the issuance of the policy and whether the exclusions apply and since Limerick will be affected by a decision as to whether a valid enforceable policy exists, an actual controversy exists between the parties.
25. Plaintiff has set forth five counts for relief. Basically, they can be divided into two legal theories.
A. If the policy were valid, Plaintiff maintains that certain exclusions from coverage set forth in the policy makes the insurance policy inapplicable to this accident.
B. The other issue is the allegation of fraud in the application in areas material to the risk which allegedly make the contract void ab initio.
26. For the purpose of these findings of fact, we will be dividing the issues into two categories labeled "The Exclusion Issues" and "The Fraud Issue".
27. While the Plaintiffs presented testimony concerning two other issues, which we will label the "Ownership Issue" and the "Airworthiness Issue", because the findings of fact and conclusions of law support Plaintiff's view that the policy doesn't apply, we see no necessity to overburden the record by making unnecessary findings and conclusions on these issues and therefore make no findings on these issues.
V. THE EXCLUSION ISSUES
A. The Pilot Exclusion.
28. The Exclusions in question are found in Plaintiff's Exhibit Nos. 2 and 3.
29. The first applicable exclusion is stated as follows:
"This policy does not apply: