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Is a company's insurance invalid if the aircraft was deliberately flown in contravention of CARs (ie. you are knowingly over gross weight, flying after dark, etc.) and there is an accident?

 

I'd think yes. Check with the Insurance company for policy stipulations. Usually there are many. And generally, Insurance companies are not very forgiving for incidence that occur outside their specific stipulations, or, most especially, outside legal practice. Will you repost when you find out? I'd be curious to know what they say. My Father owned an Insurance Company for over 30 years.

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Is a company's insurance invalid if the aircraft was deliberately flown in contravention of CARs (ie. you are knowingly over gross weight, flying after dark, etc.) and there is an accident?

 

Interesting question. I have never heard of an Insurance company denying a claim on an accident in all my years in the biz. Even though many of them were caused by violations of CAR's.

 

Anyone else know of any incidents?

 

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""Is a company's insurance invalid if the aircraft was deliberately flown in contravention of CARs (ie. you are knowingly over gross weight, flying after dark, etc.) and there is an accident?""

 

I know first hand it is!

 

I am guessing your talking about hull and liabilty insurance?

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When an accident becomes "challenged" in a court of law, insurance payouts can change radically........both in hull and liability coverages.

 

I have seen first hand pilots, owners, and engineers held accountable, with a portion of blame (negligence).

 

The difficult part with litigation in this sense, is proving "intent"....in other words, was the (example) overgross intentional or not??

 

It comes down to facts......if a lawyer see logging sheets with overweight turns, it is "fuel for the fire", that a judge will not ignore!

 

Fly safe.....fly smart!

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I know of at least one Insurance Claim from a total hull loss that was refused because the pilot was flying outside of the AFM. Overgross, out of C of G, out of Fuel I think would acount for similar things that are outside fo the AFM to name a couple that would constitute a loss of insurance claims. I also know of another total loss were the pilot was clearly violating CARS, but the insurance claim went through. Not sure how the insurance decides :)

 

koala

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