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#28
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I assume that they all start by suing the pilot's estate. That hast to be
the starting point to find the pilot liable. If it actually goes to trial (and perhaps appeal) and they win (pilot is found negligent) the insurance company pays up to the policy limit. At some point, the insurance company is going to try to settle. My question is whether any case has gone to trial against the pilot's estate after the insurance company paid out or offered $1MM. The jury doesn't care about the insurance company but is likely to be sympathetic to the pilots widow and children. My understanding is that the insurance company is obligated to defend the pilot and generally offers the policy limit to settle. The plaintiff then has to decide between taking the $1MM now or taking the multi-year risk of going to trial and risking the jury being sympathetic to the pilot's family and possibly getting little or nothing. Also the plaintiff's legal fees will likely be much higher if the case goes to trial, perhaps 50% instead of 33. Most people are not in a postion to gamble the $1MM so they settle for the policy limits. I asked about this at a seminar by an aviation insurance broker and he said that, as far as he knew, nobody had ever gone after the pilot or his estate after the insurance company had offered the ($1MM) policy limits. Mike MU-2 "Dave Stadt" wrote in message m... "Mike Rapoport" wrote in message .net... Rick, Has there ever been a case where a plaintiff went after a pilots estate and won when there was $1MM insurance coverage? It was explained to me that the insurance company was such an easy target (in a jury trial) and the pilot's family such a difficult one, that it isn't worth the risk of going to trial against the pilots family and that cases settled for the insurance limit. Thanks for the insite! Mike MU-2 I know of one currently in litigation. That being the estate of Bob Collins. |
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