I assume that they all start by suing the pilot's estate. That hast to be
the starting point to find the pilot liable. If it actually goes to trial
(and perhaps appeal) and they win (pilot is found negligent) the insurance
company pays up to the policy limit. At some point, the insurance company
is going to try to settle. My question is whether any case has gone to
trial against the pilot's estate after the insurance company paid out or
offered $1MM. The jury doesn't care about the insurance company but is
likely to be sympathetic to the pilots widow and children. My understanding
is that the insurance company is obligated to defend the pilot and generally
offers the policy limit to settle. The plaintiff then has to decide between
taking the $1MM now or taking the multi-year risk of going to trial and
risking the jury being sympathetic to the pilot's family and possibly
getting little or nothing. Also the plaintiff's legal fees will likely be
much higher if the case goes to trial, perhaps 50% instead of 33. Most
people are not in a postion to gamble the $1MM so they settle for the policy
limits.

I asked about this at a seminar by an aviation insurance broker and he said
that, as far as he knew, nobody had ever gone after the pilot or his estate
after the insurance company had offered the ($1MM) policy limits.

Mike
MU-2



"Dave Stadt" wrote in message
m...

"Mike Rapoport" wrote in message
.net...

Rick,

Has there ever been a case where a plaintiff went after a pilots estate
and
won when there was $1MM insurance coverage? It was explained to me that
the
insurance company was such an easy target (in a jury trial) and the
pilot's
family such a difficult one, that it isn't worth the risk of going to
trial
against the pilots family and that cases settled for the insurance limit.
Thanks for the insite!

Mike
MU-2


I know of one currently in litigation. That being the estate of Bob
Collins.