Liability to pilots and aircrew (AVN73)

Hi,

I would like to get your thoughts on whether you think AVN73 (http://www.iuaclauses.co.uk/site/cms/contentDocumentView.asp?chapter=7&category=49) should be included in CSL insurance in order to cover the following two scenarios:

• I fly with a safety pilot to fly in simulated IMC to renew my FAA IR currency, at which point the safety pilot is no longer a passenger but becomes required aircrew.
• Any flight with an instructor e.g. for a flight review, IPC etc. Presumably, the FI also becomes required aircrew for the purpose of that flight then.

Standard insurance clauses exclude liability to aircrew and inclusion of AVN73 (text inserted at the bottom) would specifically include that.

Questions:

1. Am I correct that assuming the other pilot that acts as required aircrew decides to bring a claim against me that I would not be covered? Presumably, in cases where a pilot just flies with me (let’s say a friend) in a non-required aircrew capacity, the pilot is considered a passenger?
2. Do you think that insurance cover for the two scenarios above (and other possible scenarios) should therefore be included?
3. Will AVN73 be sufficient to cover the scenarios above?

Am I overthinking this point as the insurance agent was surprised when I asked this question as he said it would normally apply only to companies/individuals that hire professional aircrew or in the case of aircraft with minimum required crew of 2?

AVN73 clause wording is as follows:

LIABILITY TO PILOTS AND CREW CLAUSE
It is understood and agreed that notwithstanding any exclusion specifically relating to pilots and operational crew in the Section of this Policy covering the liability of the Insured to passengers, such coverage shall extend to include the liability of the Insured to the pilots and operational crew of the insured Aircraft, but excluding liability required to be insured under the terms of any employers’ liability or workman’s compensation legislation or any similar legislation.