Having recently dealt with an insurer on a rather modest claim, the diff between 'crew' and 'passenger' may be the difference between zero compensation and possibly millions to the insured, and against the insurance, or the policy payer.
Below is a small, marginal taste of what an insurance settlement looks like. This is two paras out of six pages, and this is for a claim under $250k.
1.4 WHEREAS, the Parties to this Release now desire to settle and compromise any
and all bodily injury claims as asserted by xxxxxxxxxxxxxx and yyyyyyyyyyyyyyyy and against
zzzzzzzzzzzzzzz, zzzzzzzzzzzzzz, zzzzzzzzzzzzz and qqqqqqqqqqqqq in connection with
the Incident, and release any and all bodily injury claims, causes of action, and/or potential causes
of action of every kind and nature whatsoever that xxxxxxxxxxx and yyyyyyyyyyyyy,
assert, may assert, and/or could assert against zzzzzzzzzzz, zzzzzzzzzzz, zzzzzzzzzzzzzz and zzzzzzzzzzz
relating to the Claims;
1.5 WHEREAS, in consideration of the provisions, recitals, agreements, promises,
covenants, representations, and warranties made by xxxxxxxxxx and yyyyyyyyyyyyy,
as applicable and as described herein, and for the purpose of inducing each of the Parties to enter
into this Release and to be legally bound hereby, xxxxxxxxxxxx and yyyyyyyyy agree,
promise, covenant, and warrant as follows:
This 'subject party of the first part, and subject party of the second part do hereby, and herein...' goes on for six pages.
Frankly, it doesn't matter to me what the guy in the right seat is called. Logic and common sense(in short supply) says he was a meat sack and had no business being on the controls(just - like - me). Did that contribute? Does it rise to negligence? Does it void any policy in effect? Questions which will have the lawyers squabbling for decades, and the FAA wording, even in the prelim makes a difference.
Switching to #2 might have been the fix.
