Originally Posted by
Eutychus
I just checked my (French) life insurance policy. The relevant exclusion is
"if the pilot does not have a diploma or licence for the aircraft in question and/or if the aircraft does not possess a valid airworthiness certificate"
So it doesn't say anything about whether the licence is appropriate for commercial operations or anything resembling an AOC, so far as I can tell, does it?
Some aircraft require a specific type validation/endorsement on a pilots licence. If your flights aircraft required a pilot to have that specific type endorsement, and they had it, and it was current, for your personal insurance you’re probably covered. To fly for hire or reward, your pilot needs a commercial license, and potentially a type endorsement for the aircraft they’re flying. If they don’t have one and you/dependants have to make a claim against them, the pilot is potentially not going to be covered as his insurance is unlikely to cover ‘hire or reward’ flights. The insurance companies would no doubt go head to head on whether the pilot was adequately insured. I imagine somewhere there is existing Uk case law on this sort of claim dispute.
The airworthiness certificate is in simple terms the aircrafts MOT, if that isn’t current then you’re highly unlikely to be covered, as your insurer specifies the aircraft must have an airworthiness certificate, or presumably its equivalent such as a ‘permit to fly’. The CofA (cert of airworthiness) is part of the ships ‘log’ and should be easily accessible, together with the aircrafts insurance documents. These are the sorts of documents that can be spot checked by appropriate authority inspectors at any airport. The pilots personal qualifications don’t form part of the aircraft documentation, but go hand in hand and a thorough ramp check should pick up anomaly’s such as is this pilot, qualified, and insured to operate this aircraft at this date and time.