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Our 74 Archer is owned by a NJ Not-For-Profit Corporation that each of the
four partners owns a share in. Our insurance has the Corporation as the named insured, and the four partners are named as the sole pilots, although we do have an open pilot clause to cover flight by instructors, mechanics, etc. We have a $ million liability coverage, but it is not clear if we as individual pilots are covered for liability or if only the Corporation is covered. I've studied the policy in painful detail and I can't see anywhere that we are insured. I seriously doubt that, if I was PIC and had an accident where someone else was injured, the fact that the plane is owned by a Corporation would provide much of a shield for my personal liability. Furthermore, I don't see how I am protected from the insurer suing me for loss of the airplane (subrogation) should I be flying and have an accident that's my fault. Thoughts? We also have an exclusion to the coverage for damage or loss that says the following: THIS POLICY DOES NOT APPLY: 8. UNDER COVERAGES F & G (Damage to, or loss of, the aircraft when in motion, and not in motion, respectively) (C) TO LOSS OR DAMAGE DUE AND CONFINED TO WEAR AND TEAR, DETERIORATION, FREEZING, MECHANICAL, HYDRAULIC, PNEUMATIC, STRUCTURAL OR ELECTRICAL BREAKDOWN OR FAILURE, INCLUDING ANY SUCH LOSS OR DAMAGE CAUSED IN WHOLE OR IN PART BY A DEFECTIVE PRODUCT OR THE NEGLIGENT ACT OR OMISSION OF ANY PERSON OR ENTITY. FOR PURPOSES OF THIS EXCLUSION, DAMAGE CAUSED BY THE BREAKDOWN, FAILURE OR MALFUNCTION OF ANY INTERNAL ENGINE COMPONENT, OR ANY ACCESSORY, COMPONENT OF PART THAT IS ATTACHED TO THE ENGINE, IS CONSIDERED A MECHANICAL BREAKDOWN OF THE ENTIRE ENGINE AND IS EXCLUDED. I read this as providing the insurer a loophole whereby, should I total the airplane in an emergency landing caused by an engine failure, the insurer does not have to pay for the engine replacement. Am I reading this correctly? -- Bob (Chief Pilot, White Knuckle Airways) |
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