Freelance (float) instruction

[digits_]

Hi all,

I am doing some research regarding freelance instruction (from an instructor point of view). I read through the cars regarding what I can and can not do, but I was wondering how other freelance instructors deal with the possible liability if something does happen to go wrong. Do any of you carry extra insurance, or are you happy with the insurance provided by the airplane owner's insurance. At the moment I am contemplating doing float ratings on the student his/her own airplane.

Legally the owner's insurance is sufficient, but I was wondering how people deal with this in practice.

Kind regards,
digits

[SuperchargedRS]

With the illusion of deserved safety we have ingrained in people, what I don't understand is what happens if the more likely occurs, and nothing goes wrong?

That's a lot of money if more and more insurance to burn every year for nothing.

[digits_]

That's a lot of money if more and more insurance to burn every year for nothing.

That's the whole concept of insurance, isn't it? Lot's of people pay "for nothing" so that the few guys who do need it, can get protection.

[photofly]

Upon research, and depending on which province you're in, it seems you might benefit from a properly worded and executed liability waiver (strong emphasis on the "properly"). I know we discussed that by PM but others might benefit from the conclusions.

Your nightmare scenario is that your student ploughs in and his angry widow alleges your instruction was negligent. Angry widows throw very very big sueballs.

[digits_]

Good idea. But the problem with that, for this case, might be that the insurance company will not want to sign such a waiver, and can thus still sue me.

Eg: plane crashes with instructor on board, plane is damaged. Insurance pays out their customer (the airplane owner) but then sues the instructor.

There are some states in the US that allow you to have a waiver to indemnify you completely, even if other people sue you.

Eg: plane crashes with instructor on board, plane is damaged. Insurance pays out their customer (the airplane owner) but then sues the instructor. Instructor sues student because he signed a waiver.

I have not found any air tight proof that this would work in this case in Canada (yet).

I was hoping to find an insurance company that would offer this kind of liability insurance, as that seems to be the easies, safest and legally smartest way of doing it.

Other things I have researched without success:
- incorporating to give the instruction
- becoming a part owner of the airplane

Those things are technically possible, but very grey area legally speaking.

[SuperchargedRS]

I just say no to the insurance industry shake down.

[photofly]

Good idea. But the problem with that, for this case, might be that the insurance company will not want to sign such a waiver, and can thus still sue me.

Eg: plane crashes with instructor on board, plane is damaged. Insurance pays out their customer (the airplane owner) but then sues the instructor.

If we're talking about negligence: I believe you have a duty of care towards your student who therefore has the right to sue you if you are negligent. In Ontario "Part V of the Family Law Act provides that, where a person is injured or killed by the fault or neglect of another, then the spouse, children, grandchildren, parents, grandparents, brothers and sisters of the person are entitled to recover their pecuniary loss resulting from the death." (per http://www.iacobellilaw.com/who-can-fil ... tario.html)

But I don't think you have a duty of care towards your student's insurance company - so I don't think they can blame you if your student screw up and there's nothing for them to waive.

[digits_]

But I don't think you have a duty of care towards your student's insurance company - so I don't think they can blame you if your student screw up and there's nothing for them to waive.

What I was told by a knowledgable person -and which sounded as a valid reasoning to me- is the following:

1) Owner of airplane is the one who pays for the policy / is the customer of the insurance
2) Pilot or instructor ABC is added as an approved pilot/authorized pilot/whatever they call it
3) While ABC is PIC, the engine dies, plane makes an emergency landing, gets damaged and hits a car
4) Airplane damage will be paid by insurance to airplane owner. Car damage will be paid by the insurance company as it falls under the liability
5) The insurance company could now try to get the money back from ABC, as ABC is not its customer and is not the beneficiary of the policy. He was merely an authorized pilot which means the policy is in place but does usually not protect ABC

Of course the details depend on the exact wording in the applicable policy, but the above seems to be a common thing on privately owned airplanes.

[spafloats]

I would suggest that you have the student aircraft owner add you to the policy as an Additional Named Insured. Don't let the broker tell you that you will be covered by an Open Pilot Clause or they will have you named to the Pilot Roster! You do not have to be an owner of the aircraft or corporation to be named as an ANI.

Additional Named Insured gives you a whole additional level of rights. Get them to spell it out in the endorsement that you will be the pilot conducting the training, the conditions for the student prior to solo, and that you have the right to send the student SOLO for the mandatory 5 SOLO take-offs and landings to comply with the CARS!

Spafloats

[ahramin]

Additional Named Insured is definitely the right place to start, but would it cover you when being sued by the widow?

[spafloats]

Yes, the grieving widow too!

Spafloats