Named Insured (X-post with red board)

mattaxelrod

Pre-takeoff checklist
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Matt
My airport is now requiring those of us who tie down our planes there to show proof of insurance with the airport as a named insured. Just wondering if that was some big deal, why it's required, if it typically costs anything extra, or if it's a red flag I should worry about.

Thanks,
Matt
 
I had the FBO/hangar owner make this request of me once, and my insurance agent said "No way, no how. The insurance company will not write it." When I mentioned that to the FBO, they said, "Oh, OK. We're just telling everyone they need to get it. If you can't, no biggie."
 
Your principal concern is that this dilutes the value of your insurance to you -- the face value of your policy is not split between you and them. However, I'm sure there are other issues relating to subrogation, etc., and since laws on this vary from state to state, your best bet is to ask an attorney licensed in your state.

Also, in Maryland, if you base at a state-owned airport, the state requires you to carry a minimum amount of liability insurance. This ensures that injured parties can collect if something you do causes damage to state-owned facilities, neighboring aircraft, and/or passers-by on the airport. I suspect your FBO or airport is really just interested in that, and may well be happy if you provide proof of liability insurance in some reasonable (like $1M for Maryland) amount.
 
My airport is now requiring those of us who tie down our planes there to show proof of insurance with the airport as a named insured. Just wondering if that was some big deal, why it's required, if it typically costs anything extra, or if it's a red flag I should worry about.

Thanks,
Matt

Tell them you'd be happy to as long as they pay their half of the bill.

My airport requires proof of liability insurance for my hanger, This is covered in the airplanes liability coverage. No big deal. Most airplane coverage has it. It would be the same for a tie down. If they are asking you to insure their tie down, (In case a ring comes loose) totally different. Because it is my hanger it is covered under my insurance. Because it is their tie down it would not be covered under your insurance unless maybe if you leased the tie down.

Dan
 
This is not that uncommon. A number or airports, as a condition of doing business there, require that the airport be named as an insured (I've seen it in FBO and flight school policies, although so far not in private aircraft ones) . If you're renting hangar space, your "landlord" might ask to be named as an insured. If you have a loan, pretty much your lender is an insured under the policy.

This is not the equivalent of a pilot who is added as a named insured. These are limited insured situations based on a fairly limited insurable interest and may not cost much, if anything.

How it "dilutes" your coverage I haven't a clue.
 
How it "dilutes" your coverage I haven't a clue.
Now you have to share your $1M coverage with someone else. Thus, if you and the airport were found liable for $750K each for someone else's $1.5M loss (say, as the result of a fire starting in your hangar), you would no longer be fully covered -- you and the airport would each have to come up with another $250K. Now the airport probably has their own insurance to cover that, but you're out in the cold.
 
Now you have to share your $1M coverage with someone else. Thus, if you and the airport were found liable for $750K each for someone else's $1.5M loss (say, as the result of a fire starting in your hangar), you would no longer be fully covered -- you and the airport would each have to come up with another $250K. Now the airport probably has their own insurance to cover that, but you're out in the cold.
I don't think it works that way.
 
I'd be happy to hear how it would work in that situation if not as I described.
You would have to look at the endorsement. Insurance is a complex contract that creates obligations in writing. Every policy I've seen that names a non-associated organization, such as an airport or a lender, as an insured is very limited. An owner's liability coverage, for example, typically says something like "arising out of YOUR operation of the insured aircraft."

So let's take your example of a fire in the hangar caused by, say, faulty circuitry in the airplane. Exactly how would you say it arises from the =airports= operation of the aircraft?

What these endorsement usually do is give the airport (or the lender) rights to deal with the insurance company and demand direct payment for things the policy would otherwise cover that would pay the airport (or lender) anyway. It typically would deal with things in which the airport has a direct interest as a beneficiary of the insurance.

If the OP posts the endorsement that names the airport, I'd be happy to read it and tell the forum what I think it says.
 
If the OP posts the endorsement that names the airport, I'd be happy to read it and tell the forum what I think it says.

Don't have it yet, but I'll see if I can post it after I get it in the mail. The person I spoke with basically gave me a big yawn about the whole thing--says that this is very very common.
 
The reason one should avoid naming another as a "Named Insured" is not to protect you when your own negligence is the cause of a loss- you're on the hook then, anyway.

Remember, though, that the cost of defense is a huge element in any casualty loss situation, and in the event of a loss (accident, occurrence, whatever), everybody remotely involved (and, sometimes, those who are not involved at all) typically gets sued and has to defend themselves.

When this happens, the named insured (who may, for the sake of discussion, be mostly or fully liable for the loss) is, by contract, entitled to be defended by the carrier, and they'll be defended on your carrier's nickel. Add up attorneys' fees, expert witnesses, depositions, etc., and pretty soon your insurance policy has paid out a couple of hundred grand of your million-dollar limit defending the bad actor, and if you are ultimately found liable for some damages, the money spent defending that other guy is not available to indemnify you against the loss.

My policy is, always has been, wherever possible, you should avoid naming others as additional insureds, and if you must do so, do not allow language such as "...primary and non-contributory..."

Finally, beware of unreasonable indemnification provisions, which can "back-door" equivalent treatment for the airport; any agreement to indemnify should be "to the extent of [your] negligence or fault..." or words to that effect. Many you will see will be "broad-form" indemnity, which provides that you are indemnifying them against claims, losses and causes of action, even where they arise out of the negligence of the indemnified party.

Not good.

(This advice is worth every penny you paid me for it)
 
Don't have it yet, but I'll see if I can post it after I get it in the mail. The person I spoke with basically gave me a big yawn about the whole thing--says that this is very very common.

I wish I had a nickel for every time a representative of someone with whom my client is contracting said, "...oh, everyone signs these, they're standard."

Some do, some do not, but each contract stands on its own. Negotiate!
 
We went to the mats with the Addison airport folks about a number of issues. Two groups sued and won at the district court level against airport actions. Spike is more familiar than me with the details, but ask youself if they are making the same demand of everyone using the airport. If someone flies in and uses the facilities, then leaves, are they required to meet the same standards? FBOs can certainly ask for things, but they don't always get them. State law compliance is different. The airport is in a bad position if treatment isn't equal; may violate the terms of their agreements for funds that were advanced in addition to matters of law. That being said, the practical matter comes down to how badly you want the tie down and if the FBO will negotiate. From their side, it's not worth incuring legal costs for each tie down agreement to be separately negotiated; from your side, you don't want to wind up without coverage for which you are paying because you didn't negotiate.

Best,

Dave
 
I had the FBO/hangar owner make this request of me once, and my insurance agent said "No way, no how. The insurance company will not write it." When I mentioned that to the FBO, they said, "Oh, OK. We're just telling everyone they need to get it. If you can't, no biggie."

FWIW, Avemco was willing to add a company as named insured on our policy for no additional charge. The company is the employer of one of our members who would like to use the planes on company business, and that was one of the solutions (yes, plural) that Avemco offered. The company said that still wasn't good enough. :dunno:

The other thing that Avemco does is unlimited legal defense.
 
This has been a 20 year long a very sore subject with me and will always be.:mad:

1st of all......"Additional insured" is a phrase that started appearing years ago and has carried throughout the years. Most people that have this in their contracts have NO IDEA why it is in there and much less what this means.

Being an additional insured has a great advantage for the airport.

Lets say a plummer did some work on a potty and on the way out of the building he/she fell on theit butt and had to be hospitialized. The plummer sues the airport and the airport uses as many "Additional Insured" policies as needed. The airport is you or a part of your policy.

I always, When I have to, add the disclaimer......"Additional Insured as it pertains to the neglegance of the above named insured".:yes:

ONE SHOULD TELL THEM TO GO SCRATCH.....!!!!
 
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