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#21
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The problem with AOPA though is that they only represent one insurance
company. Different insurance underwriters work very differently in some of these areas. I'd rather go to a good aviation insurance broker. |
#22
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Remember "open pilot" is only for casual use. If the insurance company
finds out you are flying the plane on a regular basis there will be no coverage. You must be named. |
#23
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![]() "T o d d P a t t i s t" wrote The real risk is that the insurance company will settle, then go after the open pilot for their losses. That's why IMHO, subrogation is a bigger issue here. Even after reading the definition in the dictionary, I'm not clear on how subrogation is working in this instance. Could you explain a little more on the implications, of what is being "assumed", or whatever? -- Jim in NC |
#24
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![]() T o d d P a t t i s t wrote: This is also true, but from a practical matter, the attorney handling the case will know it's far easier to get money out of the insurance company than the uninsured pilot defending his assets. That's true if you make the assumption that the open pilot has no assets. I know a few P.I. attornies and they tell me that they will go after anyone they can who has any assets and is remotely involved in the case. It's not an either/or situation. The plaintiffs attorney may very well go for the insurance AND whatever assets the open pilot owns. If the open pilot was truly at fault, there's no reason why they wouldn't. The insurance company is obligated to defend. If they win, the open pilot is safe. If they lose, they pay. This is why I posted in the first place. The insurance company is NOT obligated to defend the open pilot. Why do you think that the insurance company representing the owner will automatically be representing the open pilot? It doesn't work that way in real life. As a matter of fact, the insurance company's lawyer will probably attempt to place most of the burden of responsibility on the open pilot, rather than their client (the owner). It's seldom that anyone goes after more than the insured amount. If they do, the owner is at risk too. The real risk is that the insurance company will settle, then go after the open pilot for their losses. That's why IMHO, subrogation is a bigger issue here. I disagree. The open pilot now has two things to worry about. 1) His assets are at risk from the plaintiff. (He was, after all, pilot in command of the accident aircraft) 2) If there are any assets left over after the plaintiff's attorneys are through with him, then whatever he has left is at risk if the ins. co. decides on subrogation. As I implied in my original post, if you're an open pilot without your own policy, you're on your own. John Galban=====N4BQ (PA28-180) |
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