From: Cozyone2@aol.com
Date: Sun, 14 Mar 1999 21:35:10 EST
Subject: COZY: Check out "Interesting Court Decision"
Click Here: Interesting Court Decision I
just though anyone with avemco insurance should know this. Especially
Homebuilders.
Doug Koster
CozyIV 66DK
From: cdenk@ix.netcom.com
Date: Sun, 14 Mar 1999 21:04:27 -0600 (CST)
Subject: Re: COZY: Check out "Interesting Court Decision"
Was said
This is a grey area at times, but for sure includes changing propellers. Make sure you have the FAA
approval before flying another propeller.
From: "Wilhelmson, Jack"
Subject: RE: COZY: Check out "Interesting Court Decision"
Date: Mon, 15 Mar 1999 09:37:46 -0500
This subject is one that probably needs to be discussed in detail. But the
most important lesson
to be learned from it(in my opinion) is that we operate in a very legal
atmosphere.
The insurance company that issued this policy knew full well that
experimental aircraft are often modified by their builders. It
also knew that the definition of a change requiring FAA rectification is a
matter of judgement. Therefore the policy they
wrote is basically worthless to the policy holder because if they choose to
litigate (which they will if it is worth their legal costs)
they can get out of paying.
On the subject of props. If your original airworthiness certificate says
wood prop(no brand name) and you do not document the change
from one wood prop of one brand to one of another brand in your "official"
aircraft logbook no one can prove the prop was ever changed.
When documenting changes and maintenance in your "official" logbook you
should be very careful and consider that it might be used
against you someday.
If your "official" logbook contains evidence that you would not want used
against you can misplace it( this worked for Hillary).
These are lessons we all learn from our leaders in government.
> -----Original Message-----
> From: cdenk@ix.netcom.com [SMTP:cdenk@ix.netcom.com]
> Sent: Sunday, March 14, 1999 10:04 PM
> To: Cozyone2@aol.com; cozy_builders@canard.com
> Subject: Re: COZY: Check out "Interesting Court Decision"
>
> Was said
>
> This is a grey area at times, but for sure includes changing propellers.
> Make sure you have the FAA
> approval before flying another propeller.
>
From: cdenk@ix.netcom.com
Date: Tue, 20 Apr 1999 16:43:01 -0500 (CDT)
Subject: COZY: Sun N Fun comments - Insurance
Conversation with a V.P. from Avemco, re: Davenport
1: I commented it was like winning the battle, and loosing the war.
2: He said in this case the contributing cause was the fuel system, and apparently there were problems, otherwise why did he
switch back and forth.
3: My thought maybe there was another issue, i.e. a crimped hose or tube, clogged filter, etc.
4: Avemco has changed their EAA rider, that if the none certified (I think I have the wording close) item is not contributing
cause, Avemco will not use that as a non-payment reason. I should have asked whether this is retroactive, or takes effect on
next renewal. Sounds like a big step in the right direction.
5: Avemco is working with the FAA to try to define "Major" alteration, which is now a grey area.
6: He said: If you are not sure whether a new certificate is necessary, talk to your FAA person, If they say no
recertification is needed, (I would tell them at the beginning of the conversation of the impending letter) send certified
mail with return receipt, confirming converation with who and time, ending if this is not so, please advise immediately. THis
will be legally binding if no reply is received.
In the mean time continue to be extra correct with changes.