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JGalban via AviationKB.com wrote:
Dudley Henriques wrote: I whizzed this past our insurance guy yesterday by simply asking him the simple question concerning what would happen insurance wise if an accident occurred to an insured airplane being operated outside it's manufacturer's limitations and in violation of existing FAA regulations. He actually laughed and told me he would LOVE to be representing the insurance company on that one! :-) Did he point you to the pertinent language in the policy? For now, I'm sticking with the guy who represents the underwriters. Someone was good enough to post Avemco's various exclusions above (which are similar to my USAIG and Phoenix exclusions). If there is such an exclusion for operating outside the limits, why isn't it there with the rest of the exclusions? This notion that there are secret exclusions has me baffled. John Galban=====N4BQ (PA28-180) Actually he didn't. He addressed the issue generally based on his own experience. I didn't press him really as we had other business to discuss. I think what he was saying is that there are certain conditions that are cut and dried by the exact reading of the policy, but that these conditions assume certain factors in place. if a pilot accepts a known condition BEFORE TAKEOFF that places the aircraft in violation of FAA regulations, depending on the insurance company and what is involved, a decision to litigate a claim might come into play. Whether or not the insurance company wins the litigation is another matter. I should add that it was here he started laughing. I got the impression he was salivating at the prospect of representing the insurance company, and knowing this specific attorney's reputation as a trial lawyer, (long time friend and associate) I wouldn't want to be on the opposing side I'll tell you that much :-) -- Dudley Henriques |
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