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#11
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[snip]
IANAL, but violation of an FAR would seem to fit the case of neglience, hardly a cause for denial of coverage for the incident in question. It might play in denial of future coverage. Frank, I think this issue came up in the Seventies when some aviation insurers were trying to deny claims based on FAR violations, and there was some sort of gubmint action to put a stop to that. The way the FARs are written, essentially anything that happens to an aircraft can be traced to either an FAR violation or an "act of God" -- so a policy that excluded both would never pay on anything! The insurance industry is heavily regulated and laws specifically govern their operation. Part of the law is called "bad faith". It essentially means that an insurance company is guilty of bad faith if they issued it without any intention of paying the claim. If the courts find them guilty of bad faith the insured is entitled to treble (triple) damages. Read your policy; if there is no clause concerning violation of FARs then it doesn't apply. Some policies do have exclusions for illegal acts, such as malpractice insurance. My own experience in processing claims on my glider insurance has been positive. They are interested in closing (i.e. paying) claims as soon as possible (I think that claims that stay open for long periods attract attention). This can be an issue with gliders since repairs can take a LONG period of time (remember this when you consider trying to make a marginal glide over bad territory-bone heal even more slowly). They only issue I had was they wanted me to take my motorglider to a local A/P because the claim was related to the engine extension mechanism. I insisted that only the DG dealer was qualified to do the repair (which, in fact, was the case). I got my way. Translation: insurance companies can't force a claim resolution down your throat that you disagree with. Example: having a boat repair shop do glass repair on your glider. Of course, these are U.S. laws. I have no idea what goes on in other countries. Tom |
#12
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So what happens when a pilot decides to test modifications to his glider and
does not listen to the voices of experience "but ITS MY LIFE AND I CAN DO WHAT I WANT WITH IT, THANK YOU VERY MUCH! Kirk (last bastion of stupid individualism) 66" In this wild hypothetical the pilot is just obstinate and foolish (is that redundant?) and he kills himself. Will our insurnce rates go up do to the change in actuary rates??? |
#13
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![]() "Shaber CJ" wrote in message ... So what happens when a pilot decides to test modifications to his glider and does not listen to the voices of experience "but ITS MY LIFE AND I CAN DO WHAT I WANT WITH IT, THANK YOU VERY MUCH! Kirk (last bastion of stupid individualism) 66" In this wild hypothetical the pilot is just obstinate and foolish (is that redundant?) and he kills himself. Will our insurnce rates go up do to the change in actuary rates??? Dude....can you share what your smokin' with the rest of the group? KC Phoenix |
#14
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reminiscent of the late George Worthington's final letter to Soaring
"Shaber CJ" wrote in message ... So what happens when a pilot decides to test modifications to his glider and does not listen to the voices of experience "but ITS MY LIFE AND I CAN DO WHAT I WANT WITH IT, THANK YOU VERY MUCH! Kirk (last bastion of stupid individualism) 66" In this wild hypothetical the pilot is just obstinate and foolish (is that redundant?) and he kills himself. Will our insurnce rates go up do to the change in actuary rates??? |
#15
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#16
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Sorry, not in reply to Shaber, but 66.
"F.L. Whiteley" wrote in message ... reminiscent of the late George Worthington's final letter to Soaring "Shaber CJ" wrote in message ... So what happens when a pilot decides to test modifications to his glider and does not listen to the voices of experience "but ITS MY LIFE AND I CAN DO WHAT I WANT WITH IT, THANK YOU VERY MUCH! Kirk (last bastion of stupid individualism) 66" In this wild hypothetical the pilot is just obstinate and foolish (is that redundant?) and he kills himself. Will our insurnce rates go up do to the change in actuary rates??? |
#17
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![]() From: (Kirk Stant) Wow, what an amazing leap from a discussion about turbulating elevators to stupidity affecting insurance rates! You guys really need to get out and fly more. Kirk, actually it is not "an amazing leap" it is causal. And why do you think we do not fly, I am not in this newsgroup anymore than you are. Craig |
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