Message-ID: <01b401c05a32$1fc5df60$9438de9e@colwell>
From: "Steve & Claudette Colwell" <colwell@innercite.com>
To: "a" <lancair.list@olsusa.com>
References: <02de01c05a07$014a6ea0$8ec395cf@pavilion>
Subject: Re: Greg Nelsons liability plan
Date: Wed, 29 Nov 2000 10:25:20 -0800
Reply-To: lancair.list@olsusa.com
Mime-Version: 1.0

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I'm not one of your regular responders - my husband Steve is.  However, hold
harmless isn't worth the paper it is written on when a sympathetic jury
decides the builder is responsible for a defect that resulted in the
accident - thus the injury.  History proved this and was partially corrected
in the new law on aviation liability limiting manufacturers' liability time
limit to 17 years.  And there is lots of other history outside of aviation
cases.  All you have to have is the "sympathetic jury".  And if you don't
have the right insurance, it is your pocket book that will pay for the
defense. Avemco does provide lliability insurance after a sale if the
aircraft has been insured for a required number of years prior to the sale.
I don't have current information on their requirements.    Claudette Colwell
----- Original Message -----
From: John Barrett <2thman@olympus.net>
To: Lancair Mail List <lancair.list@olsusa.com>
Sent: Wednesday, November 29, 2000 4:38 AM
Subject: Greg Nelsons liability plan


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> >>
> John,
>
> OK,  I understand your argument, but so what if the buyer loses his
eyesight
> and a leg?  the hold harmless/indemnity clause would still be valid unless
> he dies. Isn't that correct?  I guess if he becomes mentally incapacitated
> but does not die, that would be another story.  Right?  Also, I don't see
> what statute of limitations has to do with this discussion.  Did I miss
> something?
>
> Regards,
>
> John Barrett
> www.carbinge.com
>
>
>
> >Life ins. would not help in
> >this case. The statute of limitations for a contract case >would have no
> >bearing on a negligence case.  Liability for a defective >aircraft would
be
> >based on negligence not contract law. Brent S. is >correct- not bad for a
> >non-lawyer. Trusts, family partnerships are the way to >go.  John Killian
>
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> Please send your photos and drawings to marvkaye@olsusa.com.
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Please send your photos and drawings to marvkaye@olsusa.com.
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