Poll: What would you do in this scenario?

[admin]

This is a poll, your name is not part of the results but would be in the database somewhere if that is important.

Fact: Your Lancair IV-P is flown for inspection by a qualified CFI and the pilot forgets to put the gear down. The airplane is damaged to the bottom of the fuselage. The blades are bent and the engine and hub are stopped suddenly.

Fact: The pilot's insurer (your broker) informs you, the owner, you do not need an engine inspection or teardown inspection of hub or any other rotating components. The insurer has told you your claim will only pay for repairs not including the tear down.

Question: You will keep the airplane and intend to fly it after repairs and bring your family with you. How would you respond to this scenario? Please answer in the poll and comment separately if you wish.

Please keep comments generic, not specific to any airplane or file.

Last edited by admin on Thu Sep 12, 2024 11:32 am, edited 1 time in total.
Reason: global poll for 10 days

There has to be something more to the story. The definition of a sudden stoppage is very clear from the engine manufacturers, so unless the policy doesn't include the motor which I've never seen before (doesn't mean anything haha), then none of this makes sense.

Tristan, yeah, lots of background and more than one airplane in our history has had these issues. For now, I would like the community's thinking on a generic scenario. We are coming to a point where a closed discussion with owners is appropriate and the time is almost there where no insurance representation on LancairTalk will be permitted.

I do appreciate everyone taking the poll even if you have not experienced these issues. Even Fixed gear people have prop stops.

I would hire an attorney to submit a letter stating that if an engine failure occurs as a result of the insurance company's refusal to have the engine turn down and inspected, that they accept full and complete liability for Injury, death or dismemberment including up to willful malpractice and or gross negligence. The letter should include an opinion from a reputable independent facility recommending the teardown and perhaps a letter from AOPA's attorneys too.

The crank has to be dialed out and dye penetrant testing for cracks in the crankcase.

I'd ultimately tell them you will cover it or report the insylurance agency to your state board of insurance.

Of course this is assuming the prop strike was a running engine event and you first get independent evaluations as I mentioned. Then tell the insurerance company that you have "exhausted all remedy" other than litigation.

I'm kind of litigious when it comes to things that could kill me if not done right.

How much time is on this engine?

(I wonder if it is a high-time scenario and the owner was told that the betterment involved would somehow make a claim net out to some insignificant amount, and that the other option was to not claim on the engine at all. I think many policies involve betterment these days.)

This is not the case Dave. In fact, an appraiser sourced a quote from a shop that did not include a teardown or provision for engine work. This was the lowest of three quotes by far and was forced onto the aircraft owner as the only solution available. This work scope is not in accordance with Continental requirements making the completed airplane likely unairworthy.

When appraisers and parties are doing stupid stuff like that you know something isn't right. The full story is coming including all the names and companies.

For purposes of insuring or paying out on a claim, do insurance companies ever consider if an engine has been modified?