someone straying VFR into Class A airspace is uninsured for the duration of that time when they are in the class A
No, that is negligence, and negligence
is insured.
The scenario where insurers tend to not pay out (if the claim is big enough for them to examine it closely, i.e. 5 figures plus) is where the flight was illegal before it got off the ground
- no license
- no IR (on an IFR flight plan)
- no CofA
- no medical
The above are believed to be actual cases. The other stuff which keeps coming up in pilot forums e.g.
- outside of W&B
- airspace-mandated equipment (e.g. ADF) not carried
- mandatory equipment proved INOP before departure
- actual dodgy maintenance
- legally dodgy maintenance (forged paperwork, etc)
have never (to my limited knowledge) featured in GA non-payouts, but could if proof was obtained.
The more common stuff e.g.
- not enough fuel
- "impossible" weather for flying
- didn't check weather before flying
- no planning
is just negligence/stupidity/incompetence/pilot error, and that
is insured; if it wasn't then insurers could avoid paying in the vast majority of accidents
The other aspect is that under the UK Civil Aviation Act passenger liability hangs on establishing pilot/operator
negligence, and I bet you that this will be a whole lot easier if the pilot gets previously lynched for not complying with some airspace rule.