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-   -   Major liability for regional mistakes (https://www.airlinepilotforums.com/regional/42689-major-liability-regional-mistakes.html)

MTOP 08-09-2009 11:26 AM

Quote:

Originally Posted by Mason32 (Post 658212)
Wouldn't that just bite the big one for:

Republic Air Holdings
Republic Airlines
Chitaqua (sp)
Shuttle Americrap
Midwas Airlines
Frontier Airlines

Pinnacle Air Holdings
Peanuckle Airlines
Colgan Airlines

American Eagle
American Evil Airlines
Executive Airlines
Actually for that matter:
AMR
American Airlines
American Eagle Airlines
Executive Airlines

Delta Airlines
Compass
ASA
Comair
Mesaba one other I think too...

I'm sure there are more... and I think the intention of the idea is good, but It would cause a real big mess.

Don't worry--it's not going to happen.

MTOP 08-09-2009 11:29 AM

Quote:

Originally Posted by Phuz (Post 658274)
the only thing proven by bedford is that when you spit in a pilots face he will still do his job as long as the jet to be flown is large and shiny.

You've got that right. As the last twenty-five years of history has proven.

newarkblows 08-09-2009 11:37 AM

Quote:

Originally Posted by MTOP (Post 658928)
One point that may have been overlooked: The major airlines are ALREADY legally responsible for the crashes of the regional airlines they hire...

The Majors who hire regionals or third party companies are not nearly as accountable as you might think. In the case of 3407 and most contracts the legal responsibility is on the third party contractor. The lawyers havent gotten a chance to fight it but in every press release CAL has distanced themselves from Colgan, Pinnacle, and any regional by saying "we will try and assist their company in dealing with this issue." They have said that they are not liable for what their contractors do. This is the reason that Colgan's insurance will pay for most of the damages and CAL will get off without paying any major losses. They will try and sue CAL, airplane manufacturer, etc... but most cases will be dismissed and end up with the liability resting on Colgan.

If colgans insurance company goes bankrupt... then it will get interesting. Some states have laws that say the client whose case bankrupted the insurance company must "attempt" to make the debtors whole. The legal storm is just getting started in the 3407 case.


Quote:

Originally Posted by MTOP (Post 658928)
It wouldn't make a bit of difference. Reason: The wholly-owned regional subsidiaries ARE corporations, and most only own a single certificate.

You missed what he was saying. He wants them to limit the number of certificates flying for a corportation. An example would be if Continental is the corporation. Only one certificate flying Continetal passengers with a gold globe on the tail. No regionals or subcontracting of flying is permissable. Codeshares would be a tricky thing to work out under this idea.

newarkblows 08-09-2009 12:10 PM

I looked into the size of the insurance company behind the 3407 lawsuits and found out there are two separate companies that are splitting the awards. So a bankruptcy is unlikely but the insurance companies can then sue whoever they like to recoup their losses.

"Insurance Day said the insured value of the aircraft was USD19 million and significant liability claims are expected from the crash. According to Insurance Day, Continental Airways is part of an airline insurance group placement that comes under the umbrella of Northwest. Northwest merged with Delta Airways in October 2008 and although Colgan was operating the flight for Continental, market sources said the hull and liability was covered under a Northwest-Delta plan. Sources added that Northwest’s lead insurer is Global Aerospace Underwriting Managers Ltd and Delta’s lead insurer is United States Aviation Insurance Group. Insurance Day said this has led to the insurers splitting the liability for the incident." RISK-i Update: Plane Crash, Buffalo, New York | GCCapitalIdeas.com

rickair7777 08-09-2009 05:15 PM

Quote:

Originally Posted by newarkblows (Post 658972)
I looked into the size of the insurance company behind the 3407 lawsuits and found out there are two separate companies that are splitting the awards. So a bankruptcy is unlikely but the insurance companies can then sue whoever they like to recoup their losses.

A bankruptcy is unlikely. The insurance industry is regulated, and you could not write a policy which you had no resources to pay on.

Anyone insuring an airline obviously knows that a hull-loss will cost $1B+. It is also normal to re-insure part of the policy to spread your exposure (and revenue) out among wholesale insurers.

An insurance BK is more likely in the event of a natural disaster, where multiple customers will have claims. I'm sure any airline insurer can pay on a single hull loss.

The insurance company will subrograte if they can, but I doubt there will be any easy targets.


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