Case Shows Need To Check Insurance Coverage

AINalerts » August 18, 2005
April 9, 2007, 1:23 PM

A federal court in Texas recently ruled that a 1976 King Air C90 that crashed before its resale was finalized was not covered by insurance because the purchase was not yet complete when the accident occurred. According to a report in a recent issue of the Lawyer-Pilots Bar Association Journal, two days after a successful acceptance flight, the buyer wired funds to an escrow account with instructions to release the money to the seller. However, on the day the funds were sent to the escrow account, the turboprop twin was destroyed in a crash landing (Oct. 9, 2001), and the pilot was seriously injured. The seller’s insurance company denied the damage claim, asserting that the seller was no longer the “sole and unconditional owner as required for coverage,” prompting the seller to sue the insurance company. The court decided in favor of the defendant, ruling that the seller indeed was not the sole and unconditional owner, “rejecting arguments that a bill of sale was never executed or delivered.” The court stated that the law in Texas is clear that delivery of a bill of sale “is not a condition precedent for the transfer of ownership.”

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dlindsay91
on October 8, 2013 - 5:33pm

Where can I find the case log for this?

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Chad Trautvetter
on October 8, 2013 - 5:51pm

To find the case, it’s going to take some legwork on your part, since the writer of this story retired from AIN six years ago. Here’s a link to the NTSB report on this accident that lists the then-registered owner: http://www.ntsb.gov/aviationquery/brief2.aspx?ev_id=20011012X02082&ntsbn… . From there, you’ll need to search the Texas federal court electronic records* for this owner name. With a little luck, you’ll be able to find the docket from that case and download the various documents.

* To search these records, you’ll probably need to use the online Public Access Electronic Courts Records (PACER) at www.pacer.gov. You’ll have to register, which requires a credit card to pay for retrieved records. These records cost 10 cents per page.

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dlindsay91
on October 8, 2013 - 6:07pm

Thank you so much!

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