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High Speed Passes & the FAA (long)



 
 
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  #11  
Old October 11th 03, 08:32 PM
Tom Seim
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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  
Old October 14th 03, 12:21 AM
Shaber CJ
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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  
Old October 14th 03, 02:38 AM
Kilo Charlie
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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  
Old October 14th 03, 06:06 AM
F.L. Whiteley
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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  
Old October 14th 03, 02:54 PM
Kirk Stant
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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???



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. That is how you will
lower your insurance rates - being current, qualified, and competent
in your glider. It's the clowns who only fly their totally legal,
unmodified, certified, inspected, paperworked, untouched gliders (or
any kind of aircraft, for that matter) only once or twice a year, and
who don't realize that flying skills have a shelf life, who are the
real "obstinate and foolish" pilots, IMHO. But they sure are quick to
admonish those of us who are a bit more "involved" in the sport!

Funny, the whole point of this thread was to find out if there was any
experience out there in RAS-land (admittedly, a pretty strange place)
on turbulators on LS6's. Turns out there is, but not much. And some
good (and not so good) advice - and concern, which is appreciated.

As far as life philosophies is concerned, I'm sure nothing said on RAS
is going to change anybodies mind. I'll stick to mine,
unapoligetically (sp?). And I'm probably a safer pilot for it,
because I analyse and accept or reject the risks I encounter in
soaring based on a variety of information, not just what the lowest
common denominator or regulation says.

Plus it really ****es off all the crypto-democrat nannies out there
(heh heh heh!). Life is really too short not to have fun with
politics...

Kirk
66
  #16  
Old October 14th 03, 03:03 PM
F.L. Whiteley
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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???





 




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