I don't think it's an overstatement, FL.
If you recall, the solicitors briefing you sent me a large amount of reading, which took me a couple of weeks to plough through and on which I reported and we held a meeting at which I gave you and your learned brethren my opinion.
As to the matter of insurance, it could be that the insurance companies could be persuaded (but probably only by legislation) to go to some form of no-blame insurance in the manner of motor insurance.
The problem lies (or will quite possibly be found to lie) in how far one could go in such a matter as, say, an expired medical, which was one of the factors mentioned by the AAIB.
Take a hypothetical case.
Assume that a pilot in reasonably current practice, experienced in low-G undemanding aerobatics takes a couple of friends up and writes himself, his aircraft and his passengers off in an accident. It is subsequently found that his medical had expired.
Is his expired medical a reason for the insurance company to deny the claim?
Quite possibly not. It could well be a mere oversight, the medical had only expired by a few days, and the pilot was in perfect health.
On the other hand, possibly. Possibly the pilot had been having chest pains recently and was afraid of going to his AME to renew his medical for fear of what they might find. He hadn't mentioned it to anyone, and being "of an age" was planning on giving up flying to spend more time with his pruning and weeding. But he'd been in the pub with a couple of friends, and decided on another quick fun trip with his mates. He'd screwed up the entry to a manoeuvre, and the extra stress had his heart going just that little bit too much.
Who is to say where the truth might lie?
Lawyers could make a real killing out of cases like that!
