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19 May 2022, 18:35 [ UTC - 5; DST ]


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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 13 Jan 2022, 09:12 
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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
PostPosted: 13 Jan 2022, 09:26 
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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?

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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 13 Jan 2022, 09:42 
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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
PostPosted: 13 Jan 2022, 09:55 
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Joined: 02/14/09
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Location: Des Moines, IA (KDSM)
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We have established that what, 80% of aviation incidents/accidents are caused by pilot error, correct? Think of the stupid stuff pilots have done on the ground with aircraft casing damage. Think of the stupid stuff people have done around their homes and collected on home owners insurance.

A primary reason we buy insurance to insure our own stupidity. We buy it primarily to insure a "bad day." He did an inspection, didn't replace any parts.

My money is on that they either already have paid or will pay.

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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 13 Jan 2022, 11:19 
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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
PostPosted: 13 Jan 2022, 12:03 
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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
PostPosted: 13 Jan 2022, 12:07 
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Thank you Frank.

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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 13 Jan 2022, 14:28 
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Joined: 03/09/11
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Company: Wings Insurance
Location: Eden Prairie, MN / Scottsdale, AZ
Aircraft: 2016 Cirrus SR22 G5
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. :thumbup:

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Wings Insurance
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E-mail: thauge@wingsinsurance.com


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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 14 Jan 2022, 03:05 
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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
PostPosted: 14 Jan 2022, 07:04 
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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. :cheers:

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Wings Insurance
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E-mail: thauge@wingsinsurance.com


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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 14 Jan 2022, 10:05 
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Location: Doylestown , PA (DYL)
Aircraft: 1991 Bonanza A36
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
PostPosted: 14 Jan 2022, 10:30 
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Thanks Tom. Yeah it is a good thing that our insurance covers us when we Violate a FAR, a reg, the POH or the FAA pilots book of aeronautical knowledge, because that would be most aircraft incidents and accidents. Be a hard sell to a bank as well to insure an asset if the insurance company could back out of protecting them on a whim. I will do my best to keep making my insurance company money, but if I ever do tag them, probably will be for some lapse on my part that will have led to the bent metal.

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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 14 Jan 2022, 21:42 
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I don’t know this man but I am impressed by his honor and integrity.

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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 15 Jan 2022, 03:32 
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Based on the character, professionalism, and love for his family he has shown in his videos…none of his response is a surprise. He is clearly a man of integrity. I have made my fair share of mistakes both in aircraft and out. Hopefully, he shares more; and we can all become better pilots and owners from his experience.


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 Post subject: Re: YouTuber "Malibu Flyer" PA46 is for sale
PostPosted: 15 Jan 2022, 04:25 
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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 ? :oops:

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