ORIGINAL: Mike in DC
I'm not sure I understand your point. Since the AMA insurance is secondary, it might mean a LOT to the AMA, since it would determine which flyer to go after (their home owner's insurance, that is).
Mike you are so right and MY answer is a very POOR attempt to answer a good question.
Please excuse my half baked answer to your question Jim. Sometimes I type before I think things thru.
My opinion would be one of a probable comparative responsibility but variables not discussed in the example would have great impact on the monetary responsibilities of each. FWIW I think the instructor should be accountable to the full extent but the law may not find that way.
Just wonder if anyone can cite an actual case for reference?