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in normal conditions. In an aircraft without a windshield and cold wind whipping against your face, trying to communicate with ATC as to why you are squawking 7700 and rapidly departing your assigned altitude is extremely complicated.
Once you reestablish communi- cation with ATC and the controller grasps the situation you are in, you receive any clearance you need. The young crew in the regional jet that was headed to the same airport you now need is directed to slow down because you are now “No. 1” for landing. They, too, are in disbelief of what they are hearing. They have been following the radio communi- cation and had been asked by ATC if they could get you on frequency when they were unable to. Once you safely land and begin taxiing your new convertible to the tarmac, the reality of what you just experienced begins to hit you. This is a logbook entry you will not forget. The last 21 minutes put you in an experience you never could have imagined.
The next morning you contact your insurance broker to recount the story and initiate the claim process. Clearly this is something that will be covered by insurance, right? Once again, the answer depends on many things.
It truly seems that no two insurance claims are the same. However, despite the negative reputation insurance companies have, it is rare that a claim is denied. After all, aircraft policies are “all risk.” All risk policies do come with a page or two of what is not covered or what could be only partially covered. In the September 2023 issue of King Air magazine I wrote the article, “It’s Covered ... Unless It Isn’t.” It was a high-level view that discussed many of the nuances of an aircraft policy and briefly referenced the “wear and tear and mechanical breakdown” exclusion. The scenario I gave then
JULY 2024
“The burden is on the insurance company to prove that the cause of the claim warrants denial. Until then, assume it is covered.”
was fuel leaking out of the plane as it sat in the hangar overnight. This blown-out windshield falls under the same section of the policy. The inflight decompression will have the NTSB leaning toward defining the occurrence as an “accident.” But that does not determine how the insurance company will see that situation – covered or denied?
To determine how your policy will respond, refer to the “Exclusions” section and reference the “Definitions” page. The policy I am referencing for this article is titled “Part Two Exclusions.” Under Exclusion 7(e) the policy reads:
“This insurance does not apply to loss due and confined to wear,
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DEANBENEDICTA&P,AI,CONSULTAN T
Tel:702-524-4378 dr.dean@beechmedic.com
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