X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Fri, 10 Sep 2010 15:18:12 -0400 Message-ID: X-Original-Return-Path: Received: from imr-da04.mx.aol.com ([205.188.105.146] verified) by logan.com (CommuniGate Pro SMTP 5.3.9) with ESMTP id 4461664 for lml@lancaironline.net; Thu, 09 Sep 2010 22:43:16 -0400 Received-SPF: pass receiver=logan.com; client-ip=205.188.105.146; envelope-from=vtailjeff@aol.com Received: from mtaout-db03.r1000.mx.aol.com (mtaout-db03.r1000.mx.aol.com [172.29.51.195]) by imr-da04.mx.aol.com (8.14.1/8.14.1) with ESMTP id o8A2gWM7012640 for ; Thu, 9 Sep 2010 22:42:32 -0400 Received: from [192.168.1.135] (24-107-67-126.dhcp.stls.mo.charter.com [24.107.67.126]) (using TLSv1 with cipher AES128-SHA (128/128 bits)) (No client certificate requested) by mtaout-db03.r1000.mx.aol.com (MUA/Third Party Client Interface) with ESMTPSA id 7B2D1E00009E; Thu, 9 Sep 2010 22:42:31 -0400 (EDT) X-Original-Message-Id: <9863E046-2426-4805-8964-6F8DA9E36283@aol.com> From: vtailjeff@aol.com X-Original-To: Lancair Mailing List In-Reply-To: Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: quoted-printable X-Mailer: iPad Mail (7B405) Subject: Re: [LML] Re: Loss of use after prop damage Mime-Version: 1.0 (iPad Mail 7B405) X-Original-Date: Thu, 9 Sep 2010 21:42:27 -0500 References: x-aol-global-disposition: G X-AOL-SCOLL-SCORE: 0:2:413271776:93952408 X-AOL-SCOLL-URL_COUNT: 0 x-aol-sid: 3039ac1d33c34c899b1770a3 X-AOL-IP: 24.107.67.126 Regarding loss of use: the insurance company will make you "whole" --- = they will not make you "better". If you have a trip and the price of the = airline ticket is $800 and the cost of your Lancair expenses are $1000 = the insurance company owes you $0. If the cost is more than using your = Lancair they owe you the difference.=20 As to a formula for Loss of use....Keep track of your travel expenses = and submit them with your claim. I would be surprised if you get any = loss of use since airline tickets are usually cheaper than flying a IVP = unless you fill it up with passengers.=20 Regarding the engine teardown...the insurance company has no liability. = Whoever performs the repair does. Good luck! Jeff Edwards Been there done that =20 Sent from my iPad On Sep 9, 2010, at 7:07 PM, David Standish = wrote: > No invoices have been received or paid as of yet. The FBO's insurance = company has been cooperative and not adversarial so far. We shall see = when it is actually time for money to change hands if they are still so = nice. >=20 > David >=20 >=20 >=20 > Gary Casey wrote: >> I'm afraid I have no expertise in the conventions regarding "loss of = use", but I'm a little surprised that the insurance company would be = willing to pay for a teardown. As I understand it, the requirement for = a teardown after a prop strike evolved when occasional accessory drive = and magneto problems surfaced after an event. With the engine not = turning, none of those problems could occur and >> even a crankshaft failure is almost impossible without the flange = being bent. I can understand TCM saying it was required, as it releases = them from any future liability - it would go to the rebuilder. And = they're not paying for it. And the owner would likely "require" a = teardown for the same reasons - and he's not paying for it and he = logically wants everything done that is possible. I'm only a little = surprised at the insurance company paying for it, as paying for the = teardown helps release them from future liability. It's all about = putting up a shield against future liability claims - all just my = opinion, of course :-) >> Gary Casey >> No law experience except on the receiving end of frivolous lawsuits >> * >> * >> Any suggestions as to how to value loss of use of my airplane after = my propeller incident? The propeller was damaged by an FBO in Spokane. = Does any one know of some formula the insurance industry might use based = on typical hourly expense multiplied by days grounded? Would one = attempt to claim the expense of planned trips on the airlines vs. = expense of flying my airplane? For example the price of three airline = tickets to Reno less six hours expenses for my LNC-4. I was at the = beginning of a flying vacation when the incident happened. During = August to October I had planned to fly to Spokane (twice), Eugene, Front = Range, Races at Reno, and perhaps training at Napa. All those airline = tickets would be thousands of dollars not to mention loss of use for = spur of the moment purposes. >>=20 >> The propeller is being repaired in Seattle. The engine is in the = middle of tear down for inspection in Tulsa (Barrett). TCM's position = was that if the propeller could not be repaired on the airplane that = mandatory tear down and inspection was required regardless of the = results of the propeller and prop. flange inspection. >>=20 >> David >>=20 >=20 >=20 > -- > For archives and unsub = http://mail.lancaironline.net:81/lists/lml/List.html