legal question

[Tom-D]

I was talking about the other's guy's insurance not paying

That is why YOU have insurance, to cover you when the other guys won't.

 

[kgruber]

Insurance companies have their Special Investigations Units. They are not to be messed with. Seriously.

Yes, Like "Johnny Dollar!"

 

[Henning]

And you're betting on an unknown quantity. The insurance company has a right to deny any claims from an unlicensed pilot. Good luck on getting anything from the dead pilot's estate.

The insurance company has no right to deny the liabilities of the insured unless there is fraud involved. Unless the unlicensed pilot is the person taking out the insurance policy and made false material statements on their application or intentionally created an accident with the intent of collect on the insurance policy, once they accept the premium, the insurance company is bound to pay the liabilities on that policy. Read the law, it's quite clear and is the same in all 50 states on this matter.

 

[Jaybird180]

Yes, Like "Johnny Dollar!"

Propaganda - courtesy of the insurance industry.

 

[poadeleted20]

no such thing would happen.

Bull-hockey.

 

[poadeleted20]

Won't your insurance company cover damage by the uninsured?

Not your uninsured losses, starting with the deductible. Things like that you have to collect directly from the party causing the damage.

 

[poadeleted20]

The insurance company has no right to deny the liabilities of the insured unless there is fraud involved. Unless the unlicensed pilot is the person taking out the insurance policy and made false material statements on their application or intentionally created an accident with the intent of collect on the insurance policy, once they accept the premium, the insurance company is bound to pay the liabilities on that policy. Read the law, it's quite clear and is the same in all 50 states on this matter.

Fraud isn't necessary for denial if the owner permits a pilot who doesn't meet the open pilot waiver clause to operate the aircraft. As Henning said, read your policy -- it's clearly enunciated, and the law is equally clear in enforcing such clauses. Such operation simply is not covered by the policy.

 

[Henning]

Once again Ron, you only know half the law.

 

[Tom-D]

Not your uninsured losses, starting with the deductible. Things like that you have to collect directly from the party causing the damage.

That is a major consideration when deciding what deductible to ask for.

If you can't afford the risk don't buy any aircraft.

 

[ClimbnSink]

*gasp*If they aren't afraid of the FAA *gasp* We need them to be afraid of the insurance companies *gasp* Must be afraid of rules *gasp* I'm getting the vapors *gasp*

 

[Henning]

*gasp*If they aren't afraid of the FAA *gasp* We need them to be afraid of the insurance companies *gasp* Must be afraid of rules *gasp* I'm getting the vapors *gasp*

 

[Old Geek]

*gasp*If they aren't afraid of the FAA *gasp* We need them to be afraid of the insurance companies *gasp* Must be afraid of rules *gasp* I'm getting the vapors *gasp*

I'm afraid this thread has gone to hell.

 

[Henning]

I'm afraid this thread has gone to hell.

The thread was done with the first response of No, that's not legal for 2 students to fly together or as Geoff so succinctly put it N.F.W.

 

[TMetzinger]

The insurance company has no right to deny the liabilities of the insured unless there is fraud involved. Unless the unlicensed pilot is the person taking out the insurance policy and made false material statements on their application or intentionally created an accident with the intent of collect on the insurance policy, once they accept the premium, the insurance company is bound to pay the liabilities on that policy. Read the law, it's quite clear and is the same in all 50 states on this matter.

If the owner didn't know that the pilot was unlicensed, after taking reasonable care to ensure that all pilots who flew the airplane met the requirements of the open pilot section, then yes, the insurance company should reimburse the owner for the loss.

But if they can show that the owner of the airplane either gave the airplane to an individual that the owner knew or should have known was unqualified individual, then I would bet the insurance company would say... sorry, this is on YOU, owner.

Put another way. Some yahoo steals my airplane, I expect my liability insurance and hull insurance to cover my liability and the damage to my airplane. I give the keys to someone and say "go fly" and I haven't checked to ensure that the guy is qualified (i.e. appropriately certified) to fly?.. I don't think the insurance company is going to cover me.

 

[poadeleted20]

If the owner didn't know that the pilot was unlicensed, after taking reasonable care to ensure that all pilots who flew the airplane met the requirements of the open pilot section, then yes, the insurance company should reimburse the owner for the loss.

But if they can show that the owner of the airplane either gave the airplane to an individual that the owner knew or should have known was unqualified individual, then I would bet the insurance company would say... sorry, this is on YOU, owner.

Put another way. Some yahoo steals my airplane, I expect my liability insurance and hull insurance to cover my liability and the damage to my airplane. I give the keys to someone and say "go fly" and I haven't checked to ensure that the guy is qualified (i.e. appropriately certified) to fly?.. I don't think the insurance company is going to cover me.

That pretty well sums it up. If that were not so, there would be no point to having the open pilot waiver clause or any other restriction on who is permitted to fly e plane with the policy in force.