The need for original documents, N-reg aircraft?

Andrew Koenig wrote:

Because the AD had not been complied with, the flight was in
violation of FARs and the insurance was not valid. I am pretty sure that
held up. So why would you think that an insurer would ignore something like
required documents not being carried?

Not equivalent at all. Failure to comply with an AD makes the aircraft
unairworthy. Every insurance policy I've had contains a clause that coverage
will be denied if the aircraft is unairworthy at the time of an accident. No
policy that I've had contained any clause about denying coverage if the FARs
were violated.

So, yes. The insurer would ignore something like required documents not being
carried.

George Patterson
Coffee is only a way of stealing time that should by rights belong to
your slightly older self.

About 20 years ago, in Oklahoma, if I remember correctly, a
plane crashed and the insurance company denied coverage
because the airworthiness certificate was not in the
airplane. But then it was discovered that the insurance
company investigator had found it in his pocket and took it
with him. He also wrote a memo to the company letting them
know that they could deny coverage because the airplane was
not airworthy as required by the policy. This was
discovered in the discovery phase of the trial and the
result was the company had to pay something like $100,000 in
damages and $4,000,000 in punitive damages.
A legal airplane is usually a requirement of any insurance
policy and that includes the paperwork.


--
James H. Macklin
ATP,CFI,A&P

"George Patterson" wrote in message
news:cxOkf.1476$ew5.329@trndny04...
| Andrew Koenig wrote:
|
| Because the AD had not been complied with, the flight
was in
| violation of FARs and the insurance was not valid. I am
pretty sure that
| held up. So why would you think that an insurer would
ignore something like
| required documents not being carried?
|
| Not equivalent at all. Failure to comply with an AD makes
the aircraft
| unairworthy. Every insurance policy I've had contains a
clause that coverage
| will be denied if the aircraft is unairworthy at the time
of an accident. No
| policy that I've had contained any clause about denying
coverage if the FARs
| were violated.
|
| So, yes. The insurer would ignore something like required
documents not being
| carried.
|
| George Patterson
| Coffee is only a way of stealing time that should by
rights belong to
| your slightly older self.

He also wrote a memo to the company letting them
know that they could deny coverage because the airplane was
not airworthy as required by the policy. This was
discovered in the discovery phase of the trial and the
result was the company had to pay something like $100,000 in
damages and $4,000,000 in punitive damages.

Why didn't the company just "deny coverage because the airplane was not
airworthy"?

Jose
--
You can choose whom to befriend, but you cannot choose whom to love.
for Email, make the obvious change in the address.

They did try that based on the "missing Airworthiness Cert"
but that is what they had to pay punitive damages for, the
insurance company's attempted fraud.



"Jose" wrote in message
m...
| He also wrote a memo to the company letting them
| know that they could deny coverage because the airplane
was
| not airworthy as required by the policy. This was
| discovered in the discovery phase of the trial and the
| result was the company had to pay something like
$100,000 in
| damages and $4,000,000 in punitive damages.
|
| Why didn't the company just "deny coverage because the
airplane was not
| airworthy"?
|
| Jose
| --
| You can choose whom to befriend, but you cannot choose
whom to love.
| for Email, make the obvious change in the address.

Citation please. Otherwise this is just another BS OWT.

Jim



"Jim Macklin" wrote in message
news:JMOkf.11643$QW2.3019@dukeread08...
About 20 years ago, in Oklahoma, if I remember correctly, a
plane crashed and the insurance company denied coverage
because the airworthiness certificate was not in the
airplane.

This was related during a FIRC put on by the ABS in Wichita.
The course had a lawyer teaching. I do not remember the
exact date or the name of the insurance company. For $100
an hour, I'll research it in the OK records and get back to
you.


--
James H. Macklin
ATP,CFI,A&P

"RST Engineering" wrote in message
...
| Citation please. Otherwise this is just another BS OWT.
|
| Jim
|
|
|
| "Jim Macklin" wrote
in message
| news:JMOkf.11643$QW2.3019@dukeread08...
| About 20 years ago, in Oklahoma, if I remember
correctly, a
| plane crashed and the insurance company denied coverage
| because the airworthiness certificate was not in the
| airplane.
|
|