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Old April 22nd 08, 10:38 PM posted to rec.aviation.piloting
Morgans[_2_]
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Default Should I be scared -- C172 over Gross


"WingFlaps" wrote

You still are missing the point. In almost every case that series of
actions somewhere violated a rule. This make the accident not an "act
of God".

I see you point, and agree, to a point.

If the pilot who flew into IMC was qualified to fly in IMC, and the plane was so
equipped, then it is reasonable to fly in IMC, and to fly around thunder
storms. It may not be wise, if the storms are too intense and close together,
but it is allowable to do so. The pilot's judgment, thinking he could pull off
those particular weather conditions could be at fault, but still not going
against FARs.

On the other hand, rolling an airplane not certified and equipped to do so, is
clearly against the FARs, and it would be expected that insurance companies
would attempt to go after the pilot, if he survived.

Some situations could have a much less clear line in the sand, but in those
cases, it would be harder for the lawyers to go after the pilot and win, so the
insurance company may not choose to attempt to go after a judgment that they may
lose.
--
Jim in NC