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USHPA Losing Insurance

PostPosted: Fri Oct 23, 2015 3:23 pm
by Bob Kuczewski
I got this from several sources:

USHPA wrote:    Notice Regarding USHPA Insurance and Dues    

Fellow Pilots, Chapters, Instructors, and Schools,

Insurance is a critical element in support of free flight in North America, and a significant benefit that members expect from USHPA. To support our mission of ensuring the future of free flight, insurance is a top priority. Without it, site landowners would no longer be protected, members would no longer have protection from third party claims and therefore would face increased financial burden in the event of an accident, and all pilots would lose access to a significant number of our flying sites, including hallmark sites like Fort Funston, Yosemite and the Point of the Mountain.

We are in a difficult situation: we are being forced to evaluate new insurance options in order to protect the future of free flight, and this will impact our entire membership. We're writing this letter to share with you - our members - information about upcoming changes and how they are likely to affect you. We want you to understand what's happening, and the actions we are taking to navigate this complex situation.

Background
USHPA has experienced increased insurance premiums in recent years (200% in the last 5 years). Even more disturbing, in the last few months hang gliding and paragliding schools have been notified by the underwriters that they will not be able to renew their individual school policies. For many reasons we anticipate that at our upcoming renewal (March 2016) we will be facing, at best, major premium increases, and, at worst, an inability to renew our policy. We were first made aware of this possibility two months ago, and have devoted an enormous amount of time and resources into confirming the likelihood of this event and exploring possible solutions. Here are some principles that have guided our research:

  • First, USHPA must continue to have insurance that covers its pilots, chapters and flying sites for recreational flying, and must identify a sustainable insurance solution that will protect free flight for years to come.
  • Second, we must identify a solution that imposes the least financial burden on members possible.

Identified Solution
We've explored every option we can imagine, researched other action sports communities, explored other insurance carriers, and run analysis on our claims history and all of the complex analytics available to us. We've enlisted feedback and expertise from all across the industry. We know that losing insurance, and thus most of our flying sites, is unacceptable to our members. These are challenging, complex circumstances that require making bold and creative steps to protect our sport. In response, we've started the process of forming a self-insurance entity called a Risk Retention Group.

What is a Risk Retention Group?
A risk retention group (RRG) is an alternative risk transfer entity created by the federal Liability Risk Retention Act (LRRA). An RRG must be established as a liability insurance company under the laws of at least one state - its charter state or domicile. The policyholders of the RRG are also its owners. In our case, the owners of the RRG will be USHPA (who will purchase insurance from the RRG similar to its current insurance) and various hang gliding and paragliding schools (who will purchase commercial school insurance from the RRG). More info: Wikipedia page on Risk Retention Groups

How Will We Fund the RRG?
One unavoidable fact is that significant capital will be required in the short term to establish the RRG before our March 1st insurance policy renewal date. The vast majority of USHPA's assets will be pledged to the RRG to fund the initial investment. The Foundation for Free Flight (FFF) will make a major contribution; insured schools will also invest. We will solicit donations and investment capital from members who are able and willing to help. Within the next month or two, we need to raise a total of $2 million to fund the RRG. We believe that between USHPA, the FFF, the schools, and member donors we can achieve this goal.

Creating the RRG will result in increased expenses for USHPA, and will force us to increase dues in order to continue obtaining the insurance that members and free flight rely on. We do believe this option imposes the least financial burden on our members. Here are the proposed dues that would be effective starting January 1, 2016:

  • Pilot membership: $150
  • Rogallo membership: $350
  • 30-day membership: $8

Even with these proposed increases, dues would still be comparable to or less than other international free flight organizations. Refer to chart below.

The initial capitalization is the first challenging aspect to obtaining insurance through an RRG. From the beginning, the RRG must be self-sufficient; the insurance regulators will require it to be profitable. The profits of the RRG ultimately return to its owners: USHPA and the flight schools that purchase the insurance. It is our hope that as loss ratios improve, premiums will decline and we'll be able to hold the line or reduce dues over time. If we are able to reduce dues while still ensuring the future of free flight, it is our commitment to do so. We will be revisiting this possibility annually.

Risk Management and You
If we continue to have accidents that injure third parties, damage their property, and generate claims, we'll exhaust the reserves and be forced to shut down both the RRG and USHPA. We hope it never comes to that - and with your help it won't. Risk management is every member's responsibility.

Each of us can have an impact through our individual actions, and also through our influence on others. We need to change our culture and celebrate incident-free flight. We need systems for identifying risk and modifying behaviors and practices to reduce the risks we all face when we fly. We need to tighten standards for site management plans, take a harder look at instructional practices, and enforce a zero-tolerance policy for violations of the rules, particularly with respect to tandem instructional flights. If we are able to improve our overall level of risk management and reduce accidents (and claims), the RRG could become financially strong enough to provide benefits back to the members.

Next Steps
Nobody WANTS to increase dues; in fact, USHPA has fought year after year to keep our dues among the lowest in the world. However, the board sees no other option to keep our association and our sport viable. The board will meet by conference call on Monday, November 2, 2015 to vote on the 2016 budget and to set the dues rates effective January 1, 2016. This letter is intended to give you some advance warning of what's coming, and let you know why it's happening. Normally the budget is approved at the October Board of Directors meeting, but has been delayed to provide time to gather feedback. However, it can not be delayed any further due to requirements related to forming the RRG.

If you have comments for the board's consideration before they vote on the proposed budget and potential allocation of assets to form the RRG, please send them to me at insurance@ushpa.aero and I will share them with the directors in advance of Monday's call. Alternatively, you can contact your Regional Director directly via the Board of Directors list (in the Members Only area).

Mark G. Forbes
USHPA Finance/Insurance/Risk Management Committee Chairman and Treasurer


Here's what's really ironic about what Mark Forbes wrote:

Mark Forbes wrote:Each of us can have an impact through our individual actions, and also through our influence on others.

Unless U$HPA is protecting certain businesses like Torrey Pines. Then you had better have no influence ... or you'll be expelled.

Mark Forbes wrote:We need to change our culture and celebrate incident-free flight.

Unless you're someone who speaks out, then you'll be expelled for your years of incident-free flights.

Mark Forbes wrote:We need systems for identifying risk and modifying behaviors and practices to reduce the risks we all face when we fly.

Why? Hasn't the current system of expelling anyone who speaks out been working for you?

Mark Forbes wrote:We need to tighten standards for site management plans, take a harder look at instructional practices, and enforce a zero-tolerance policy for violations of the rules, particularly with respect to tandem instructional flights.

Why bother? Just expel anyone who points out poor standards, sloppy practices, and repeated violations of the rules.

It should be very clear to everyone by now that USHPA has mismanaged their insurance program and they've mismanaged their FAA tandem exemption. They did this so they could protect their buddies at sites like Torrey Pines. They did this without regard to the consequences it would eventually have on the sports of hang gliding and paragliding. USHPA's leaders (particularly Rich Hass and Mark Forbes) should resign in disgrace. But they won't. Instead they'll try to find someone else to blame. Where does the "buck" stop at USHPA?

Re: USHPA Losing Insurance

PostPosted: Fri Oct 23, 2015 9:41 pm
by Rick Masters
The policyholders of the RRG are also its owners. In our case, the owners of the RRG will be USHPA

It's over. One egregious paragliding accident will bankrupt the USHPA.
The best course of action is to join the US Hawks, form a national hang-gliding-only association and use the membership total to negotiate simple public liability insurance for SOLO free-flight hang glider pilots.
No competitions.
No tandems.
No schools.
No commercial activity.
No joyriding.
No collapses.
The US Hawks need to re-evaluate any goals beyond this.
It has to be as simple as it can get.
This is an emergency.
Hang glider pilots need to act before the USHPA self-destructs.

Re: USHPA Losing Insurance

PostPosted: Sat Oct 24, 2015 8:48 am
by KaiMartin
USHPA wrote: we've started the process of forming a self-insurance entity called a Risk Retention Group.

Quick check on the calendar: No, the first of April is nowhere near...

If we continue to have accidents that injure third parties, damage their property, and generate claims, we'll exhaust the reserves and be forced to shut down both the RRG and USHPA.

This creates a strong incentive to cover up nasty details. However, secretiveness has been shown to be detrimental to safety culture.

We need to tighten standards for site management plans, take a harder look at instructional practices, and enforce a zero-tolerance policy for violations of the rules, particularly with respect to tandem instructional flights.

Honestly, this is how it should have been, anyway. After all, the rules are in place to prevent injury and death.

If we are able to improve our overall level of risk management and reduce accidents (and claims), the RRG could become financially strong enough to provide benefits back to the members.

Translation: At the current level of third party settlements and lawyer expenses the RRG will likely bleed out financially.

BTW, since there is no third party insurance involved any more, why not start calling joy rides for what they are?

---<)kaimartin(>---

Re: USHPA Losing Insurance

PostPosted: Sat Oct 24, 2015 10:33 am
by Rick Masters
Hang gliding has to abandon its partnership with paragliding or it cannot survive. Time is short.
Unlike hang gliding, paragliders collapse in normal air turbulence and maim or kill their occupants.
This is not our little secret.
___________________________________________________
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_______________________________________________________
Venard v. Jackson Hole Paragliding, LLC
Appellant filed suit against a paragliding company and the company's employees, owners, and agents (collectively, Appellees) after he sustained injuries during a paragliding training clinic conducted by Appellees. At the time of the incident, Appellant was a member of the United States Hang Gliding and Paragliding Association (USHPA). Appellees filed a motion to dismiss, seeking to enforce a forum selection clause contained in an assumption of risk agreement that Appellant had signed as a condition of his membership with USHPA. Based upon the forum selection clause, Appellees contended that California was the appropriate forum for the litigation. The district court granted the motion to dismiss. The Supreme Court reversed, holding that the forum selection clause contained in the agreement between Appellant and USHPA was not enforceable as between the parties to the present litigation, as Appellees were not parties to that contract and did not consent in advance to the jurisdiction of the California courts. Remanded.
http://law.justia.com/cases/wyoming/supreme-court/2013/s-11-0232.html
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Woman Left Paraplegic After Paragliding Accident Set For Court Battle For Justice
Agony Continues For Woman Who Suffered a Serious Spinal injury During an ‘Illegal’ Tandem Paraglide In South Africa
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PARAGLIDING CLAIMS LIFE OF WOMAN FROM NORTH CAROLINA
Posted on Jun 1, 2012 2:05am PDT
Police in San Diego, California are still investigating a paragliding accident that took the life of a woman last weekend. According to her boyfriend, who was also paragliding at the time, the victim appeared to have lost control of her rig moments before crashing into a cliff. The victim, 52-year-old P.H., was visiting from the state of North Carolina with her boyfriend when the incident occurred. He called 911 and EMTs rushed her to a La Jolla hospital via medical helicopter. However, she was pronounced dead shortly arriving at the emergency room. The case will remain open until an autopsy is conducted and a report is released. Reporters say that the scene of the accident is a popular spot for hang gliders from all around the country. Accidents can happen anytime, anyplace. However, when such incidents result in serious injuries and third party negligence is a factor, people may have the right to seek damages in North Carolina due to the personal injury laws of the state. Should you be thinking about filing a personal injury claim, take the time to contact the Lanier Law Group, P.A. to arrange your initial consultation with our team.
http://www.lanierlawgroup.com/blog/paragliding-claims-life-of-woman-from-north-carolina/
_________________________________________

    For seven years I have been telling my fellow hang glider pilots that embracing paragliding through their national association, paragliding joyriding (under the incredibly obvious guise of "tandem instruction"), paragliding training, paraglider certification and paraglider marketing through their magazine was a big mistake.
    We had enough problems before voting to increase these problems eight-fold by inviting in soaring parachutists, even though they already had a huge parachuting organization they could have turned to.
    Now the people responsible for destroying hang gliding sit on the board of the USHPA and tell you it's your fault. Have you had enough, yet?
    Its time to start over. Join the US Hawks.

Re: USHPA Losing Insurance

PostPosted: Sat Oct 24, 2015 7:58 pm
by Bob Kuczewski
Great legal research Rick!!

But this is the best part:

RickMasters wrote:    Now the people responsible for destroying hang gliding sit on the board of the USHPA and tell you it's your fault. Have you had enough, yet?
    Its time to start over. Join the US Hawks.


The USHPA Board has really messed this up, and now they're turning to the pilot community and asking for a hand out.

What the heck were we paying for all these years anyway? Weren't we already giving USHPA our money to protect our sports?

Who was sitting in the positions of power during this fiasco? It certainly wasn't Rick Masters or Bob Kuczewski!!!

Now they want the pilot community to reach for their wallets in a "Kumbaya" effort to fix ... what they screwed up.    :crazy:

Re: USHPA Losing Insurance

PostPosted: Sat Oct 24, 2015 8:03 pm
by Bob Kuczewski
Joe Faust and I attended the Crestline Soaring Society (CSS) Board meeting earlier today. I offered the suggestion that the CSS begin working with their landowner to free themselves from the insurance requirements that keep them pinned to USHPA's sinking ship. You can read some of the discussions here:

    http://www.crestlinesoaring.org/node/1372
    http://www.crestlinesoaring.org/node/1378

Here's my latest post to that second topic where I was responding to some good points by Don:


Hold onto your wallet!!

Hi Don,

It's always great to hear your point of view. Thanks for joining the discussion.

USHPA says "We need to change our culture" after losing their insurance. Do you think it might have been better for them to have said that before losing their insurance?

Talk is cheap. I was expelled earlier this year exactly for "identifying risk". In fact, when I was Regional Director (more than 5 years ago) I warned USHPA about the sloppy instruction practices at Torrey. I cited a specific case of a PG student - on radio - crashing into parked hang gliders while being given radio instruction by a Torrey Pines instructor. But that's not the worst part. I identified myself to the PG student as a USHPA Regional Director, and I asked who his instructor was. Immediately members of the Torrey instruction staff told the student to NOT tell the USHPA Regional Director who the student's instructor was. How can our sport regulate itself when instructors are telling students to NOT even talk to Regional Directors after an accident? I reported this to USHPA and guess what they did? That's right ... nothing. NOT .. A .. THING.

About a year or so later, guess what happens? Torrey instructors fly two PG students into each other (one is a P1 and the other has no PG rating at all). Torrey is not like Crestline where multiple unrelated instructors can teach. All the instructors at Torrey work for the concessionaire, yet they have two of their own instructors flying students - on radio - into each other. The young woman (P1 and making her first ever landing approach from the south) relied on her instructor to tell her what to do. She followed his instructions ... right to the hospital. She was pretty badly injured and decided to sue the concessionaire. She didn't sue USHPA. She sued the concessionaire. Dennis Pagen and Marti Devietti testified as expert witnesses for the concessionaire. I testified as an expert witness for the injured woman. Guess whose testimony was credible with regard to gross negligence in this case?

Now I had been calling on USHPA for a "change of culture" at Torrey Pines since at least 2007. My calls for change at Torrey are well documented and widely known from coast to coast. So what does USHPA do? They expel me. Did they expel me for flying dangerously or wrecklessly? Nope. I'm a pretty cautious and safe pilot. Did they expel me for violating FAA airspace or regulations? Nope. I'm careful to abide by all of the laws governing our flight.

So why did they expel me? For daring to speak up about a CULTURE at Torrey that desperately needs to be changed.

So when Mark Forbes (who himself voted to expel me) writes a letter and says that we need to "change our culture", I say "talk is cheap". A real "change of culture" would start with an apology for the decade that they've protected the sloppy practices at Torrey. A real "change of culture" would start with rewarding whistle-blowers rather than expelling them. A real "change of culture" would include seeking real oversight at places like Torrey Pines rather than sweeping problems under the carpet until they get sued to the brink of extinction (which is where they're at right now).

I don't expect there will be a real change of culture. I suspect Mark Forbes and Rich Hass and their cronies will try to cobble together a big pile of YOUR money and then blow it again because they care more about protecting their buddies than protecting our sports. Watch and see.

But here's a test for anyone thinking of investing their own hard earned money into this ponzi scheme. Try this: suggest to USHPA that since the Torrey Pines lawsuit was so costly, and since Bob Kuczewski had clearly warned USHPA about the unsafe practices there for years, that a REAL "change of culture" would be to reinstate Bob Kuczewski's USHPA membership and appoint him as USHPA's representative to the Torrey Pines Soaring Council to be a REAL watchdog over the shenannigans and unsafe practices at Torrey. See how that goes over with USHPA central. When USHPA agrees to that, then the heavens will open and you'll know that they're serious about changing their culture. Until then, hold onto your wallet.

Regarding your questions about Crestline seeking freedom from insurance, I believe there are laws on the books that protect landowners who are sued for allowing recreation on their property (when they are not charging money). I think that would be sufficient. But if it's not enough, then combine that with a strong waiver and point out that there has never (according to today's meeting) been a claim against the landowner at Crestline for anything ... ever. So all of the insurance money that's been spent by the Crestline club for the last 30(?) years hasn't produced one dime of compensation to your landowner. All the money that's been spent on USHPA should have gone into your club. Imagine how that might look on your balance sheets every year.

USHPA is great at taking your money and then giving you back a fraction of it and acting like they're doing you a big favor. Some folks fall for that, but they haven't done the math on how much money the CSS would have if the CSS had self-insured all these years. The CSS does have a good track record of managing risk, and the CSS deserves your hard-earned money. USHPA? Once again, hold onto your wallet.

Re: USHPA Losing Insurance

PostPosted: Sat Oct 24, 2015 8:22 pm
by Bob Kuczewski
KaiMartin wrote:
USHPA wrote: we've started the process of forming a self-insurance entity called a Risk Retention Group.

Quick check on the calendar: No, the first of April is nowhere near...


:srofl:

KaiMartin wrote:
USHPA wrote:If we continue to have accidents that injure third parties, damage their property, and generate claims, we'll exhaust the reserves and be forced to shut down both the RRG and USHPA.

This creates a strong incentive to cover up nasty details. However, secretiveness has been shown to be detrimental to safety culture.


Excellent Point!!

KaiMartin wrote:
USHPA wrote:We need to tighten standards for site management plans, take a harder look at instructional practices, and enforce a zero-tolerance policy for violations of the rules, particularly with respect to tandem instructional flights.

Honestly, this is how it should have been, anyway. After all, the rules are in place to prevent injury and death.


Right on target again.

KaiMartin wrote:
USHPA wrote: If we are able to improve our overall level of risk management and reduce accidents (and claims), the RRG could become financially strong enough to provide benefits back to the members.

Translation: At the current level of third party settlements and lawyer expenses the RRG will likely bleed out financially.


That's the future as clear as a crystal ball. I believe USHPA could turn this around by really doing an about face, but they won't. Talk is cheap, but action would involve some admission of guilt and USHPA leaders are incapable of that.

Great Post KaiMartin!!!

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