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Old August 24th 04, 02:37 AM
Kyle Boatright
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Bill,

Read Alexy's post. It does an excellent job of filling in what I left
unsaid, because I thought it was apparent. I'll add a few more notes inside
your post...

KB

"Bill Denton" wrote in message
...
Sorry, but you are just totally wrong!

Every insurance policy I have ever read has a section called something

like
"Limitations And Exclusions". It's a list of activities that if engaged

in,
the insurance policy is null and void; they will not pay. And in the GA
world, it will frequently include such things as aerobatics and formation
flying.


Yep, my note said "something not prohibited by insurance." I think that
covers it, although I've never seen a policy that prohibits formation flight
or aerobatics (presuming the aircraft has the proper certification). If you
have, where/who/what insurance company? I believe the most common exclusion
is related to named pilots or pilots with X time in type. I've seen that one
a few times. Also, my current policy says something to the effect of "not
routinely operated off of unpaved surfaces". That doesn't mean "can't land
on a grass strip", but I'd certainly be outside the restrictions of my
policy if I was based at a grass field. If I was based at a grass strip and
pranged the airplane, it is conceivable that the insurance company could
refuse to pay.



And I don't know who you think it is that decides whether an insurance
company pays a claim or not, but it is, in fact, the insurance company. If
you think they wrongly refused to pay you can sue them and take them to
court, but you will probably lose.


If you drive your car 100 mph on the wrong side of the road and kill
someone, your insurance pays. Airplane insurance is more or less the same.
The two fundamental assumptions (less exclusions) in any insurance contract
are 1) You will try to prevent accidents. 2) If/when you have one, the
insurance company will pay.



And what do you think happens if you are judged at fault in an accident

and
your insurance doesn't pay? In most jurisdictions the injured party can

take
your house, your car(s), your business (if you have one), and they can

place
a judgment on your wages. How long do you think it would take you to pay

off
five or ten million dollars?


Read the NTSB reports. 90% of 'em are pilot error and the insurance company
pays up. Nobody plans to screw up, but it happens. That's why we buy
insurance. Who'd buy insurance if the insurance company wouldn't pay when
someone screws up?



And just because something is legal doesn't mean your insuror has to pay

if
you found liable in an accident.

And given the judgment you've shown in this post, "what YOU deem safe"
scares the **** out of me.


This is getting awfully close to a personal attack, so take it careful... I
deem it safe (or unsafe) every time I open the hangar doors. Sometimes I
fly, sometimes I don't. I'm not averse to cancelling a trip if I don't like
it. I've done it more than a few times. Also, I'm not averse to flying in
MVFR or when the FSS says "VFR not recommended", if I judge it to be safe.
That's the responsiblitiy of the pilot - to use his or her judgement to make
the right choices - go/no go, over/under, 3 point/wheel, slips with/without
flaps. You get the idea. Bottom line, every time you leave the ground in
an airplane, there is some risk. It is up to the pilot to minimize those
risks by flying in a manner and in conditions that are within the
capabilities of the pilot/airplane combination.





"Kyle Boatright" wrote in message
...
Let's see... Pilots are doing something legal, something not prohibited

by
their insurance, and the insurance company has the authority to decide
whether or not to pay if there is a claim? Nope. The insurance pays.
Usually, they pay even if the pilot(s) were doing something illegal or
stupid.

Don't let fear of insurance companies prohibit you from doing things

that
are legal and that you deem safe.

KB