RCU Forums - View Single Post - Are BOD members and CD's protected by AMA?
Old 08-09-2004 | 11:10 PM
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rfw1953
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From: Hampton Cove, AL
Default RE: Are BOD members and CD's protected by AMA?

Guys, I'm trying to keep this as simple as possible, but I understand it must be a complicated matter. Let me try to clarify a few points. I was referring to a local AMA flying club. Let me give two examples that might zero in a bit more on the questions. The examples are merely to help in clarifying the questions and not actual events that have occurred. I hope they never do.

During an AMA sanctioned event such as a Big Bird event. Let's assume the rules have been adhered to regarding RC airplanes pertaining to size, weight and power restrictions without any permits involved. A guest AMA card bearing pilot attending the event looses control of his 1/4 scale Extra with a 160, while flying beyond the zero line and injures a spectator. The spectator files a lawsuit against the the AMA, club, pilot and goes a step further by filing personal lawsuits against all or specific BOD members and the CD for the event claiming negligence by the CD and the BOD members. The justification is that the CD and the club failed to have adequate protection for spectators. You can almost be assured that if an attorney is going to file a suit on behalf of the plaintiff against the AMA, club and pilot, he will most likely file individual suits against all or specific BOD members and the CD. If this were to happen, who pays the expense for individual legal council for the BOD members and the CD? If a ruling is in favor of the plaintiff would AMA insurance cover the personal damages under the policy for individual BOD members and the CD?

What I am trying to determine is this. If I am going to be a CD or on the BOD should I look into personal liability insurance or am I covered by the AMA policy?

One more example. Let's say that I am on the BOD. A newly soloed AMA card bearing club member flies his trainer into the pits and injures a fellow club member. The recently soloed pilot was under the instruction of an instructor that had been flying for three years. There isn't any formal training or certification process for becoming an instructor. The injured member files a suit against the new pilot claiming he was not capable of safely flying his airplane. In the process a suit is filed against the AMA, club, BOD and the instructor claiming negligence in that the only qualification for becoming an instructor was that the fairly new instructor had demonstrated good flying skills, seemed to be a good guy, a good club member and he volunteered to help as an instructor. Would AMA insurance pay for the legal fees to represent me individually as a member of the BOD? If the courts ruled in favor of the plaintiff, that due to negligence regarding instructor training and the lack of certification, that I as a BOD member failed to act in such a manner to prevent the accident, would I be personally liable for the damages?

If you have ever been to court, you know that even if you win it can be expensive personally if you have to pay for your own individual legal council. If you happen to lose, and this happens, even when when maybe it shouldn't who pays for the personal damages against you personally?