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Ace has decided he may need
NON OWNED AIRCRAFT LIABILITY INSURANCE. He rents
aircraft from several Fixed Base Operators (FBO's)
and he doesn't want the bother of keeping track of
whether or not these FBO's provide RENTER PILOT
LIABILITY INSURANCE for their renter pilots.
The agent he contacts learns
from Ace that he is a private pilot with an
aircraft single engine land rating. Ace has 350
logged hours which were all in single engine,
fixed geared land airplanes with usually no more
than four seats in them. Ace tells his agent he
will only be flying Cessna 150's and 172's. The
agent sells him a policy which meets his
requirements and does not limit him by aircraft
make and model. Ace bought $500,000 worth of
BODILY INJURY, PROPERTY DAMAGE and PASSENGER
LIABILITY COVERAGE which is in force when he is
flying airplanes he does not own that are single
engine land, fixed geared with no more than four
seats, and a maximum of 200 horse power. This
means he can fly not only Cessnas, but also some
models of Pipers and Beeches to name a few and
have coverage.
Now let's see if Ace
understands the policy he purchased. He rents a
Piper Cherokee 235 from Taped Together Flying
Service on a beautifully IFR day. Ace neglects to
tell his companion that he doesn't have his
instrument rating yet. At 500 feet AGL, in the
soup, and making a left turn Ace became
disoriented and crashed from the classic departure
stall. Ace was an ass, but he survived. Only the
passenger and one person on the ground died.
In the analysis of this
accident many of us would say the insurance
company should not have to pay because Ace broke
an FAA regulation. This would be an essential
point for anyone to ask about their aviation
insurance policy. Most of the better companies
have deleted this kind of exclusion from the
Pleasure & Business contracts due to the
realization (and some persuasion by the courts)
that in nearly all losses at least one FAR is
broken. Ace is saved from that stand
point.
The way Ace's policy is
written, there would be coverage for the damage he
caused on the ground, the people injured outside
the airplane and because he bought PASSENGER
LIABILITY, he would have some protection from the
law suit brought by his friend's widow. But what
about Ace? He was hurt too. Aviation Liability
policies are intended to help offset the financial
devastation which can be brought about by one's
legal responsibility to others. There would be no
money for Ace's injuries as he did not buy MEDICAL
COVERAGE, which is intended to pay minor medical
bills for all occupants of the airplane regardless
of negligence.
In fact, there would be no
coverage or money for Ace's accident at all! His
policy was only in force while he was operating
aircraft of 200 horse power or less per the
requirements indicated in paragraph number two.
Ace broke the underwriting guidelines by flying an
airplane with 236 horse power. Had he adhered to
the policy guidelines or informed his agent that
he now wished coverage for more sophisticated
planes, Ace would have had $500,000 available to
pay the damages caused by his negligence. The
moral here is know thy policy.
Now we have Craig, the proud
owner of a 1982 Beech Bonanza. Just prior to
closing the deal on his airplane Craig wisely
purchased HULL and LIABILITY COVERAGE from his
local aviation insurance specialist. He paid only
$120,000 for a plane which Blue Booked for
$160,000 at that time. The run out engine and lack
of radio gear must account for the difference. It
must have been the new paint job that caught his
eye!
Craig holds a commercial
license with an instrument rating. He has 750
hours of which 150 were in retractable geared
airplanes and about 25 hours in Beech Bonanzas.
Craig's qualifications are precisely what many
insurance companies look for in providing coverage
for retractable geared airplanes. His agent has
little difficulty in finding him excellent
coverage inexpensively with the promise to the
insurance company that the hull coverage will be
increased when the plane comes out of maintenance.
Six weeks later the airplane
rolls out of the shop with new radios, a new
engine, and even a polished chrome spinner! While
taxiing to the tie down area, there was a fire
caused by an electrical short. Craig gets out but
his airplane is totaled.
"Well, who cares? I've got
insurance." Yes, Craig does have insurance. But
does he have enough? Craig forgot to call his
agent to have the value of the airplane increased.
Instead of collecting a check for $160,000 less
the in motion deductible of $250, he will only be
reimbursed $120,000 less the $250. Craig is not
happy with his agent, his insurance company or
himself because he is out of $40,000.
Pilots, being of the human
persuasion have the opinion, "It can't happen to
me, or if it does, I'll be dead and won't give a
damn." Unfortunately, it does happen to us. It is
possible to sustain or cause a substantial loss
and be left around to suffer for it. There are
some of us who do believe this and purchase some
sort of an insurance policy.
It is important to know the
limitations of that policy and to make it work for
you should a loss occur. Don't spend your hard
earned dollars for nothing. Live within the
conditions of the policy and have it amended when
those conditions no longer meet your needs. Make
that policy worth the paper it's written on.
Soaring Magazine
2-93 (Updated 9/30/03) |