X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Mon, 24 Nov 2008 13:45:30 -0500 Message-ID: X-Original-Return-Path: Received: from mail.stoel.com ([198.36.178.142] verified) by logan.com (CommuniGate Pro SMTP 5.2.10) with SMTP id 3314854 for lml@lancaironline.net; Mon, 24 Nov 2008 12:08:30 -0500 Received-SPF: pass receiver=logan.com; client-ip=198.36.178.142; envelope-from=JJHALLE@stoel.com Received: from gateway1.stoel.com ([198.36.178.141]) by mail.stoel.com (SMSSMTP 4.1.9.35) with SMTP id M2008112409075104667 ; Mon, 24 Nov 2008 09:07:51 -0800 Received: from PDX-SMTP.stoel.com (unknown [172.16.103.137]) by gateway1.stoel.com (Firewall Mailer Daemon) with ESMTP id 7134EAF058; Mon, 24 Nov 2008 09:08:13 -0800 (PST) Received: from PDX-MX6.stoel.com ([172.16.103.64]) by PDX-SMTP.stoel.com with Microsoft SMTPSVC(5.0.2195.6713); Mon, 24 Nov 2008 09:07:47 -0800 X-MimeOLE: Produced By Microsoft Exchange V6.5 Content-class: urn:content-classes:message MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: quoted-printable Subject: RE: [LML] Any liability lawsuits X-Original-Date: Mon, 24 Nov 2008 09:07:46 -0800 X-Original-Message-ID: <17E9FE5945A57A41B4D8C07737DB607209AB7C15@PDX-MX6.stoel.com> In-Reply-To: X-MS-Has-Attach: X-MS-TNEF-Correlator: Thread-Topic: [LML] Any liability lawsuits Thread-Index: AclOVyvUZ3Mb/j46RYeaXQExNTCtgQ== References: From: "Halle, John" X-Original-To: "Steve Richard" , X-OriginalArrivalTime: 24 Nov 2008 17:07:47.0044 (UTC) FILETIME=[2C60EA40:01C94E57] I am told that the EAA, which follows these things more closely than I do, says that there have been a couple lawsuits in which the builder has been named as a defendant but there has not been an award against a builder. IOW a couple suits, none successful. If the builder is insured the insurance company will provide a defense. If it is successful, the insurance company has no way to argue that it did not owe the defense so the successful defense of a lawsuit should not cost an insured builder anything. Without insurance, figure on anything from negligible to $100K depending on the circumstances. Which brings up something worth thinking about. If you sell your airplane, check with your carrier as to whether you are covered in a later suit and, if not, purchase a "tail" policy. It should not cost very much, given the record against builders. -----Original Message----- From: Steve Richard [mailto:steve@oasissolutions.com]=20 Sent: Sunday, November 23, 2008 6:30 AM To: lml@lancaironline.net Subject: RE: [LML] Any liability lawsuits John, "3. I am not aware of any case in which the builder of an experimental aircraft has been sued as a result of a crash of an airplane he sold to the plaintiff." =20 Just a point of clarification on the above item. Are you saying no one has ever been sued or that no one has ever won a case against a builder? If the latter is true, how much did he spend defending himself? Steve Richard