Lawyer Says Pilot Training A Key Issue In Aircraft Policy

NU Online News Service, May 12, 3:37 p.m. EDT

The investigation of February's Colgan Air crash that killed 49 persons in Buffalo, N.Y., highlights the importance of pilot training in aircraft insurance policies, according to a legal expert.

Finley Harckham, a senior litigation shareholder in the insurance recovery group at Anderson Kill & Olick, offered that analysis as the National Transportation Safety Board began hearings today on the crash of Continental Flight 3407 operated by Colgan.

NTSB said in a statement that among safety issues it will explore is pilot stall recovery training.

The pilot of the ill-fated flight, Capt. Marvin Renslow, reportedly did not receive adequate training on the plane's stall-prevention system.

Mr. Harckham, who has represented flight operators in insurance disputes stemming from air accidents, points out that aviation policies typically require a warranty that the pilot in any accident was adequately trained and coverage hinges on the precise policy language–exactly what training was required.

"Whether the pilot had adequate training is the first thing insurance companies look at in any claim stemming from a flight accident. It's the primary basis for coverage denial in the industry," he said.

Mr. Harckham's analysis notes that aviation policies are generally quite specific in spelling out the kinds of pilot training required for coverage, including details such as the number of classroom and flight training hours required for specific aircraft.

He points out that policyholders filing aviation claims often argue that "substantial compliance" with training requirements is enough–for example, extensive training and experience flying an aircraft similar to the one flown when the claim is triggered. "If you don't have the exact training specified but can show something just as good, that may suffice for coverage," Mr. Harckham observed.

In his view the Buffalo crash highlights the possible ambiguities in disputes over training adequacy.

Some reports indicate that Capt. Renslow may have caused the crash by mishandling equipment designed to bring the plane out of a stall.

Colgan has said an FAA-approved training program it used included "comprehensive" classroom training on the stick-pusher equipment used to pull a plane out of a stall. The firm stressed that a simulator demonstration is not required by the FAA and was not part of the training syllabus Colgan received with the Q400 model aircraft Capt. Renslow flew.

"A company may claim that its training included everything required by law. Investigators or regulators may say that the training was inadequate on a specific point. Coverage hinges on the precise policy language–exactly what training was required," according to Mr. Harckham's analysis.