The crashes of helicopters in November 1992 and January 1993 have, predictably, resulted in the filing of lawsuits.
The parents of Chang Lung Shieh, a Taiwanese tourist who presumably lost his life in the accident last January 25, have filed a wrongful death action against Kainoa Aviation, Inc., the helicopter operator, and various corporations involved in the manufacture of the FH-1100 helicopter that went down in the water off Kamoamoa. No dollar amount for damages was mentioned in the suit, filed February 24,1993, in the Third Circuit Court of Hawai’i.
The second lawsuit, filed April 2, was brought by the insurer of Hilo Bay Air, Inc., the helicopter operator. Named as defendants are Hilo Bay, Paramount Pictures, Inc., and the three people aboard the aircraft, all of whom were hired by Paramount.
The suit was brought in federal court. According to the complaint, the insurer; National Union Fire Insurance Company of Pittsburgh, Pennsylvania, paid $165,950.61 in March to the National Bank of Alaska, which held a lien on the Bell 206 helicopter damaged when it fell to the floor of Pu’u O’o vent. But on learning the particular circumstances of the accident, the insurance company determined that when the helicopter went down, it was not being used in a manner authorized by the insurance policy.
The complaint notes that the insurance policy excludes use of the helicopter for purposes of “instruction of or rental to others.” Because Hilo Bay Air had a rental agreement allowing Paramount use of the helicopter, the insurance company argues, it therefore has no obligation to pay.
With the insurance company now refusing to pay damages, the possibility arises that Hilo Bay Air will claim the aircraft was damaged by Paramount’s crew and will sue Paramount. Paramount, in turn, might well allege that the helicopter crashed because of Hilo Bay Air’s failure to maintain the aircraft properly.
The helicopter took seconds to fall to the floor of Pu’u O’o. Getting the last crew member out took days. Before the dust settles from the legal battles, however, years may pass.
Volume 3 Number 11 May 1993
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