KSNA C-310 Down

[Pilawt]

You should know that an insured under a policy has no control over how the insurance carrier decides to handle a loss, especially a third party action.

Moreover, the insured is under a contractual obligation to cooperate with his insurance company in its defense of the claim -- otherwise, coverage can be denied completely.

 

[nauga]

@RyanB and other Managment Councilites. Is that some boiler plate thing built into the program or do one of you guys do something like that?

Boilerplate in the response field at the bottom of threads that haven't been active for a while. It looks like this:

It's a reminder that you'll be necroposting, but does not inhibit it.

Nauga,
who sometimes wishes it worked better

 

[luvflyin]

Boilerplate in the response field at the bottom of threads that haven't been active for a while. It looks like this:
View attachment 96913

It's a reminder that you'll be necroposting, but does not inhibit it.

Nauga,
who sometimes wishes it worked better

Ah!

 

[luvflyin]

Moreover, the insured is under a contractual obligation to cooperate with his insurance company in its defense of the claim -- otherwise, coverage can be denied completely.

Yeah. And I would suppose the Attorneys not attempting everything they can think of on behalf of their client could get them in a malpractice fiasco of their own. Judge and Jury ultimately sort it out.

 

[RyanB]

Oh, that...

Although it doesn’t indicate “that more than likely no one would respond.....” like he mentioned. I dunno

 

[comanchepilot]

So you were made whole minus a $1,000 deductible on your insurance policy?

Go with a lower deductible next time?

yeah - but that should be covered by the tortfeasors insurance policy - and there is no set of circumstances I can think of that result in one's own insurance company paying for the damages - maybe a short term deal to get you fixed until all the claims are adjudicated.

Also - hey OP - lawyers put BS affirmative defenses into responsive pleadings to cover all the bases - he's not really accusing you of contributory negligence because if it is not pled - then there is no ability to raise it [and discover it] later. . . . what if you saw the airplane descending - and any reasonably competent person could have pulled over and stopped but you kept going - you would have contributed to your accident by continuing to enter into a perilous situation - and until all the facts are known and discovered - guess what? He doesn't know - so he's gonna plead that - its a STANDARD boilerplate defense in an auto accident case - which this is at its core.

 

[Blackstone Hamilton]

To my knowledge there isn’t any disclaimer that says that, so I’m not sure what he’s referring to.

It appears to be an automated message. Perhaps there's a setting in the admin panel for this CMS web app.

 

[Blackstone Hamilton]

‘Miracle on the 405’: Survivors of freeway plane crash tell their story – Orange County Register (ocregister.com)

Looks like they're grateful for the outcome. Seems a shame they get to relive the events on a frequent basis because of an ongoing lawsuit. I'm pretty sure they weren't able to give an on-scene interview that day...

You should know that an insured under a policy has no control over how the insurance carrier decides to handle a loss, especially a third party action.

Why are you directing that response to me? It seems Lletrah381 is the one who doesn't seem to understand how the claim process works. S/he seems to be blaming me for having to file a claim against Pisano for a crash that he clearly caused.

During Pisano's deposition he gave (under oath) on May 28, he said he was all lined up for 20R. As far as I can tell that would mean his approach would have looked something like this. However, according to eyewitness accounts and the conclusion of the NTSB investigator(s), when Pisano realized he didn't have enough altitude to make the runway, he suddenly banked left to land on the freeway full of cars. The NTSB determined that all of the flight controls had been in working order, and nothing from Pisano indicates anything to the contrary. As you can see for yourselves, just before Pisano crash-landed he was turned completely parallel to the freeway which meant that he was perpendicular to runway 20R.

Pisano's broken plane was found about 1,500 - 1,600 feet short of runway 20R. Maybe if he had just kept going, he would have cleared the freeway and hit the empty field preceding the runway. Why didn't he go for that? It's more than a little curious, to say the least.

 

[Blackstone Hamilton]

Another thing that's interesting is that when the CHP conducted their investigation, Pisano reported his altitude as about 350 feet AGL. As far as the NTSB investigation, he reported that his altitude was between 400 - 500 feet AGL. A few months ago, my attorney sent Pisano and his attorney, Garry Montanari, Esq. a list of questions or Requests for Admissions ("RFA"). One of the questions was what altitude Pisano had been at.

Pisano's written response were issue under penalty of perjury. With the help of his attorney, Garry Montanari, Esq., they responded "500 feet."

Last May 28, 2021, in the context of the deposition we took, the court reporter said to Pisano, "Mr. Pisano, do you swear that the testimony you're about to give in the matter now before us shall be the TRUTH, the whole truth and nothing but the TRUTH so help you GOD?"

Holding up his right hand, Pisano responded, "I do."

During the deposition, my attorney asked Pisano what altitude he had been at. Pisano answered "650 feet."

My attorney then made reference to the RFA described above and reminded him where he had already answered under oath that he said he had been at 500 feet. Pisano then responded, "Well maybe it was 600 feet."

Penal Code 118 PC – California Perjury Laws (https://www.shouselaw.com/ca/defense/penal-code/118/)

Under Penal Code 118 PC, California law defines the crime of perjury as deliberately giving false testimony while under oath. A conviction is a felony punishable by probation, fines, and up to 4 years in jail or prison.​

Suborning perjury is something that an attorney causes their client to commit or knowingly allows their client to commit without making any timely effort to correct.

Suborning perjury California https://tinyurl.com/5b6ntn97

Perjury is punishable by imprisonment in the state prison for two, three or four years. 127. Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.​

 

[Blackstone Hamilton]

Secondly, your "class action" suit against the "Flip or Flop" people is over a robo call? You seem to have a lot of time on your hands.

Why are you bringing that up? As far as I know, the name of this website is called "PilotsOfAmerica.com."

Other people here have criticized me for continuing the thread that was started back on Jun 30, 2017. Their attack on me was that I was discussing some of the legal aspects associated with flying when things go wrong. Yet I see none of these same people criticize you for discussing legal matters which have nothing whatsoever to do with this particular incident or aviation in general. So that's interesting.

During Pisano's deposition last May 28 when he perjured himself (a felony crime btw), he stated he had given about 6 or 7 depositions previously. In one lifetime that is a LOT of depositions. If I seem to have had a "a lot of time on [my] hands," Pisano has had about SIX or SEVEN TIMES as much time on his hands. What explains why he has had to give so many depositions? That's kind of disturbing don't you think?

Looks like they're grateful for the outcome. Seems a shame they get to relive the events on a frequent basis because of an ongoing lawsuit. I'm pretty sure they weren't able to give an on-scene interview that day...

Also during this deposition, Pisano disclosed that he had sued the manufacturer of the "fuel selector switch" but found they didn't have any insurance "so we were screwed out of that one." So apparently he wasn't so distraught of "reliving the events" that he couldn't bring a suit of his own against someone else.

 

[Blackstone Hamilton]

You should know that an insured under a policy has no control over how the insurance carrier decides to handle a loss, especially a third party action. Secondly, your "class action" suit against the "Flip or Flop" people is over a robo call? You seem to have a lot of time on your hands.

I'm no fan of Donald Trump, but even when he campaigning president of the United States of America he had been involved in over 3,500 lawsuits (probably closer to 4,000, I believe).
USA Today reports that the current tally is 4,095. (Donald Trump: Three decades 4,095 lawsuits https://www.usatoday.com/pages/interactives/trump-lawsuits/)

How much time did Donald Trump have on his hands?

But even with that, when I go on YouTube, I've only seen one deposition posted that Trump gave. Pisano has given 6 or 7 (so he testified). That's a hell of a lot of litigation. What's going on with Pisano? He's given more depositions than Donald Trump who's been involved in over 4,000 lawsuits? Why didn't you track down all the lawsuits that Pisano's been a part of?

 

[Pilots Of America Management]

The Management Council has reviewed the recent posts in this thread and found that the discussion has strayed too far from the topic of aviation for any further productive discussion to occur. The thread will remain locked.