----[Please read http://ercoupers.com/disclaimer.htm before following any advice in this forum.]----
First you have to establish that you purchased an airplane from the
insurance company. This would normally be evidenced by the insurance
company issuing a normal FAA Bill of Sale for an aircraft with the
registration number and serial number on the form. If you have this or a
very similar document you may well have purchased an aircraft from the
insurance company. If you have something less you may have only purchased
"Scrap". You will need to look carefully at all the documents involved in
the transaction and this is a job for your lawyer.
If you have purchased an aircraft then you claim for the Data Plate would
be against the Insurance company and it would be up to them to resolve the
issue with you. If you did not purchase an "Aircraft" then you may have no
claim unless the Data Plate is mentioned in the sales agreement.
The previous owner may have been doing what he thought was his duty by
canceling the registration on an aircraft that was destroyed. Your and my
definition of destroyed may vary from his. He thinks it was destroyed
because his insurance company totaled the aircraft and paid the full
claim.
It may be possible to get the original data plate back from the FAA and I
am not sure how one would do that but I would start with a call to the
Registry and see what they say as to procedures and if they even have the
Data Plate.
It is also possible to get a new data plate issued by the holder of the
Type Data Certificate if you can satisfy them that the original was lost
and can demonstrate that the aircraft you wish to attach it to is the one
that you are requesting a data plate for. In the case of an Ercoupe you
would have to deal with our friends at Univare and I do not know of anyone
who has had to do this.
Good luck in any case.
Best regards,
Vern
MarWarHamp
<[EMAIL PROTECTED] To: Ercoupe Erco
<[EMAIL PROTECTED]>
ome.com> cc:
Subject: [COUPERS] Anybody
into aviation law?
02/05/2001
10:20 AM
Please
respond to
MarWarHamp
----[Please read http://ercoupers.com/disclaimer.htm before following any
advice in this forum.]----
Anybody know anything about aviation law?
Question, If I buy a wrecked airplane to repair. From an Insurance
company. The adjuster saw the Data plate on the airplane. An was surprised
when I ask about it being missing. Talked to the insured who sent it in to
the FAA. Is that an legal act. Sending in a Data plate of an Airplane that
was not your because you had turned in a claim.??????? Warren
If so then I can come out to your airport and send in you data plate?
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