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Old 04-13-2007 | 05:52 PM
  #53  
abel_pranger
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From: St Augustine, FL,
Default RE: Hypothetical situation


ORIGINAL: Rafael23cc

It seems that the discussion here has slowed down to nothing. To put this one to rest, here is an excerpt from the response I got from the e-mail sent to the AMA...

If the club does not have exclusive use of the site and the landowner allows non-AMA members to fly there, the certificate of insurance would not be in effect for the landowner in the event of an accident caused by any non-AMA member.

If the landowner chooses to fly on his property and is not an AMA member and causes bodily injury or property damage to another person, he would have to go through his own primary insurance (i.e. Homeowner's) to cover the damage.
So the fact is, that the owner is NOT covered UNLESS he's an AMA member.

See you guys on the next discussion.

Rafael
The first sentence excerpted is a reply to a question nobody asked. Nothing in this thread to indicate anyone thought otherwise. It does seem to answer a related question I raised though: "would AMA refuse to charter a club if the owner of the flying site would not grant exclusive use?" Apparently the answer to that is no.

The second sentence addresses directly the OP's query. Whether it establishes as fact "that the owner is NOT covered UNLESS he's an AMA member" depends on the authority of its source. Is their some special reason that you selected excerpts from the reply you got from AMA, rather than posting it in entirety (X'ing out protected privacy info of course)? I think it may an issue of importance to a club sometime, somewhere, and should allow for some level of authentication beyond "some guy in an on-line forum said some person at AMA said this." Particularly important because it appears to be in direct conflict with what AMA has told to ALL clubs, ref the following from the 2007 AMA Club Charter Kit <note the phrase highlighted>:

"Academy of Model Aeronautics Liability Insurance
Program For Site Owners
The AMA General Liability Insurance Program insuring AMA, members and clubs for liability resulting from
aeromodeling activities includes broad and unique coverage for flying site owners. AMA recognizes the
importance of providing site owners with insurance to protect them for potential liability for injury or damage
resulting from club activities on a flying site and has negotiated a custom policy with a major insurer to provide
such coverage.
This policy has special coverage provisions for site owners as follows:
1. Westchester Surplus Lines Insurance Company has an A.M. Best rating of A X and is a member of the
ACE USA Group, a large insurance organization with an A. M. Best rating of A X.
2. Authorization for AMA to issue certificates of insurance naming site owners as additional insured. This is
the equivalent of issuing an endorsement to the policy and assures the site owner of coverage equal to or
exceeding coverage for AMA, it’s members and clubs.

3. Site owner’s coverage is primary. This means that the AMA policy pays on the site owner”s behalf
without involvement of the site owner’s own insurance.
4. Acts voiding coverage by any other insured do not apply to site owners. Should an AMA member or club
either do something, or fail to do something that voids coverage for that member or club, the site owner still
has coverage under this policy.
5. Contractual liability coverage. This coverage clause reinforces the club’s contractual obligations (if any) to
indemnify and hold harmless the site owner for injury or damage in connection with the club’s use of the site.
6. The $2,500,000 aggregate limit of liability applies per location (flying site). This limit of liability usually
exceeds the site owner’s requirements and the per location aggregate means the site owner does not share the
limit with other site owners. It has the effect of a separate policy for each site owner.
7. The insurer must give AMA 60 days notice of cancellation or non-renewal. This allows ample time for
AMA to replace the coverage and to notify certificate holders of the change in coverage. AMA pays the
entire annual premium at the beginning of the policy year so the policy cannot be cancelled for non-payment.
While this policy provides very broad coverage, as with any policy, there are limitations and exclusions. The
actual policy should be reviewed and site owners may want to consult their insurance agent, insurance advisor or
risk manager.
Coverage questions must be directed to the Special Services Director at AMA headquarters in Muncie IN
(800) 435-9262, Extension 250."


Excluding the site owner from coverage afforded to other insureds contradicts what is said in this document presumably made available to clubs so they can be prepared to answer site owner's questions about liability coverage. Nobody has pointed to such an exclusion (which begs the question as to whether there are other such 'mystery' exclusions) or suggested where it may be found in the contracts for insurance, including your John/Jane Doe at AMA.

Abel