18 Apr 2024, 22:48 [ UTC - 5; DST ]
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 09:12 |
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Joined: 01/24/19 Posts: 398 Post Likes: +187 Location: Birmingham
Aircraft: Vans RV-6; Archer II
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Username Protected wrote: Edit after reading the report: It strikes me as very out of character (based on what I have seen in his videos) to assume that he was doing anything other (at least in his mind) than inspecting to ensure the airworthiness of his aircraft. That’s certainly not intended to be anything other than a subjective assessment of intent (as opposed to statutory or regulatory analysis of the applicable statutes/rules/regs), but he strikes me as a conscientious guy who also really loved that plane.
He stated that he REMOVED & REINSTALLED the steering arm: Attachment: 444DT.jpg That said , he COULD have been Supervised by an A&P and in that case, no foul. As I previously posted, I have a client that made a very similar log-book entry after working on his Arrow, the gear failed and the insurance denied pay-out, it went to court - my client lost.
What policy provision excluded coverage for the loss? The last few policies I’ve seen don’t even have airworthiness as a condition precedent to coverage.
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 09:26 |
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Joined: 08/12/08 Posts: 7421 Post Likes: +2248 Company: Retired Location: Santa Barbara, CA
Aircraft: '76 A36 TAT TN 550
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Username Protected wrote: I read the report... Ouch.. Is the insurance going to pay for that, since he admitted that he was the one that worked on the gear? Maybe he is a licensed A&P or IA?
_________________ ABS Life Member
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 09:42 |
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Joined: 08/24/13 Posts: 8450 Post Likes: +3687 Company: Aviation Tools / CCX Location: KSMQ New Jersey
Aircraft: TBM700C2
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Username Protected wrote: I read the report... Ouch.. Is the insurance going to pay for that, since he admitted that he was the one that worked on the gear? Maybe he is a licensed A&P or IA?
He is not listed in the FAA database as one
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 11:19 |
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Joined: 08/23/10 Posts: 849 Post Likes: +661
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If you closely read any insurance policy (homeowners, aircraft, commercial liability, whatever) there are so many exclusions you will realize that insurance companies almost never HAVE to pay out for a loss. Yet, they nearly always do as it would be bad business to deny claims and would illuminate how worthless our policies could be should they choose. The exclusions are to protect them, at their discretion, should the losses start adding up and threaten their reserves/viability.
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 12:03 |
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Joined: 03/13/18 Posts: 278 Post Likes: +255 Location: KPDK; KSGJ
Aircraft: Piper Mirage
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I am an attorney and have done a fair amount of insurance coverage litigation over the years. Unless there is an exclusion or language in the coverage provisions of the policy that would exclude coverage for what occurred here, it is covered. The carrier is bound by the four corners of the policy as we say. The policy is also construed most strongly against the insurance company and In favor of the insured. This is because under generally prevailing law in any place I have ever practiced insurance policies are considered contracts of adhesion (i.e. non negotiable terms) which are drafted by the insurance companies and therefore to be construed against them in the event the contract is silent or there is any ambiguity in the terms. Most aviation policies I have seen require that the aircraft which is the subject of the policy have a valid airworthiness certificate issued by the FAA. But there is nothing about unauthorized repairs performed by the owner which leads to a loss being excluded. Under the rules of construction, it is therefore covered. There is nothing, however, that would prevent an insurance carrier from incorporating an exclusion for this type of thing. I do not believe that it would be contrary to public policy, etc. I raise the public policy consideration because sometimes a court will strike down a provision of an insurance policy on such grounds.
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 13 Jan 2022, 14:28 |
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Joined: 03/09/11 Posts: 1727 Post Likes: +787 Company: Wings Insurance Location: Eden Prairie, MN / Scottsdale, AZ
Aircraft: 2016 Cirrus SR22 G5
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Username Protected wrote: If you closely read any insurance policy (homeowners, aircraft, commercial liability, whatever) there are so many exclusions you will realize that insurance companies almost never HAVE to pay out for a loss. Yet, they nearly always do as it would be bad business to deny claims and would illuminate how worthless our policies could be should they choose. The exclusions are to protect them, at their discretion, should the losses start adding up and threaten their reserves/viability. Hi Carl- While I appreciate your comments here that is not my experience in the business with our firm representing over 3,000 clients (mostly turbine and high value pistons) and over 40 years since we were founded. I think you will have others echo this comment (aviation insurance brokers). In my 20 years being in the middle as a broker - and through lots of claims there are only 3 instances that come to mind which were denied. All of the claim denials I have been associated with were due to material misrepresentation by the insured party concerning underwriting information or operating contrary/in violation of the policy conditions or requirements - which as Frank above pointed out the policy being a legal contract. The issues I have seen on some claims generally deal with the insurer's contractual rights in adjusting a claim versus what the client feels should be done - mostly this falls under the 'betterment' topic. For instance the aircraft is damaged and the insurance contract has a betterment clause (which all do) - and during the repair and adjustment clients wants 'new new new' everything...well when you have a piece, component or otherwise with 5,000 hrs on it the insurance carrier isn't obligated to replace all those items with NEW NEW NEW. So that in some cases creates a rub between the insurer and the owner over what is prudent repair process and how the insured party 'feels' their baby should be repaired. I have seen insurers offer something above and beyond what the policy contractually says while I have seen other insurers try and tow a 'policy language' only line and only meet the letter of what the policy allows with no wiggle room. Sorry for the long post but again my experience isn't consistent with perhaps yours on the claims comment.
_________________ Tom Hauge Wings Insurance National Sales Director E-mail: thauge@wingsinsurance.com
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 14 Jan 2022, 03:05 |
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Joined: 08/23/10 Posts: 849 Post Likes: +661
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Tom, I’m saying insurance companies pay claims when their policies may allow them the ability to decline coverage as doing so is good business. You don’t agree with that?
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 14 Jan 2022, 07:04 |
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Joined: 03/09/11 Posts: 1727 Post Likes: +787 Company: Wings Insurance Location: Eden Prairie, MN / Scottsdale, AZ
Aircraft: 2016 Cirrus SR22 G5
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Username Protected wrote: Tom, I’m saying insurance companies pay claims when their policies may allow them the ability to decline coverage as doing so is good business. You don’t agree with that? Hi Carl- What I'm saying is the insurance policy is a legal contract and there aren't many exclusions within that policy per se. I don't necessarily feel the situation arises much where a peril 'isn't covered' and the insurer pays a claim anyway. I have seen very few of those so that is my first hand experience.
_________________ Tom Hauge Wings Insurance National Sales Director E-mail: thauge@wingsinsurance.com
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 14 Jan 2022, 10:05 |
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Joined: 03/19/13 Posts: 110 Post Likes: +128 Location: Doylestown , PA (DYL)
Aircraft: 1991 Bonanza A36
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This is from the MMOPA boards. It sheds some additional light on this unfortunate incident.
Kory was a very active and valuable member of the MMOPA forums. He was a great resource when I did my panel overhaul in early 2020, and by that time he had already left the community and forums. I was communicating with him via email for advice on my panel, and he told me that he was in the process of starting his own forum called Malibu Square (I think that was the name). He asked me to post the progress of my panel on that site as well. I don't have any idea why he left MMOPA. Perhaps there was some conflict (although that was not apparent), or perhaps he was just entrepreneurial and wanted to create something new - I never asked.
After I heard about this incident, I shot him an email. I simply wanted to express that I was thankful there were no injuries, and my concern about the status of his beautiful plane. He shared that he was very thankful that he was alone in the plane, that there were no injuries and "...the spar was bent and therefore, 4DT is finished". I never asked him to share the details of what happened. I figured he would do so if he was comfortable sharing that info.
In a subsequent email, he shared that he had figured out what happened. He told me, "I wish I were able to blame a crosswind gust (or anything else) but the truth is that I, through my own negligence, am responsible for this loss. Following an adjustment of the steering arm roller clearance, I failed to properly secure the bolt that connects the steering linkage. Unknowingly and as a result, when I extended the gear to land, the steering linkage was completely detached and as such, the nose wheel did not rotate to align with the runway. It touched down perpendicular to the runway and swung hard left. It was over in an instant. That's the truth, I feel horrible about it, but I'm immensely grateful no one was with me. I have nightmares about what could have happened..."
I didn't feel it was appropriate for me to share that information in a public forum, but now that I see his own admission in the FAA report, I can say that he certainly isn't trying to hide anything from them. I have to admire his honesty. You can certainly call his judgment into question, but you can't question his honesty! I'm sure there are plenty of people who would shrug their shoulders saying they had no idea how the linkage became detached, or worse yet, start pointing fingers at others (Piper, mechanics, line staff, etc) for responsibility.
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Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale Posted: 15 Jan 2022, 04:25 |
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Joined: 12/18/12 Posts: 787 Post Likes: +399 Location: Europe
Aircraft: Aerostar 600A
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Username Protected wrote: I don’t know this man but I am impressed by his honor and integrity. I was going to post the same .... Then it dawned on me: Since when, honesty & telling the truth has become so uncommon that it now commands awe & respect ?
_________________ A&P/IA P35 Aerostar 600A
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