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Old 10-20-2005 | 03:14 PM
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littlecrankshaf
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Default RE: Alternative to AMA?


ORIGINAL: abel_pranger




Hey LCS-

The $2.5 mil applies to the liability coverage, in excess of any other policy that covers the same risk. The HO policy payout did not reach its limits (seems they didn't pay anything), so the AMA excess liability coverage never came into play. BTW, the 'assumed risk' defense by the HO provider is virtually guaranteed to be encountered if you are a participant in the activity another was engaged in when he injured you, and it is successful much more often than not. And yes, that defense has been employed by AMA; it was discussed fairly recently in this forum. AMA's first obligation under the liability policy, like every other insurance provider, is to provide a legal defense for their client that has been charged with liability, not to compensate the plaintiff. If you are counting on the other guy's liability insurance to provide for your welfare if you are seriously injured/disabled by his actions, you really owe it to yourself to become familiar with this legal concept - it will be sobering.

Abel
Able

Thanks

As usual, very well said! Unfortunately, 2.5 mil is the only thing most people ever seem to hear. When I had discussed such issues within THE club it was apparent that no one cared to hear the truth. Putting their heads in the sand and continuing the WHO can come up with the "best rule of the month contest" was the order of the day. My contention was to design the field and construct devices to facilitate safety but alas rule making seemed to be easer and more desirable. So now the club has three pages of rules and very little that would physically prevent an harmful incident.