Theophile Bougeois' estate being sued

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Just like I thought, it's taken about a year for this to happen but the 2 survivors of the plane crash that killed Theophile have decided to sue his estate claiming negligence on his part to fly in bad weather that is believed to have caused the crash.

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Nice choice of words in the first part, and the 2nd part is kinda true.

Also it’s pretty common for those types of lawsuits to occur.

I wasn't on that plane. I'm not going to pick a side. Who knows how it went down

This is how insurance works.


They aren't going to pay a penny more than they absolutely have to

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However, there were several posters that stated pretty emphatically that it would not happen since the survivors knew him quite well and they didn't think they'd eventually sue.

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That's what insurance is for. Weren't both of the survivors in the hospital for a few days? Not like this was a situation they walked away from without injury. They can still try to settle or sue for an amount that doesn't exceed the insurance policy limits and nothing will come out of the pockets of TB's estate.

I know of a situation where a girlfriend sued her boyfriend after an accident in the boyfriend car salesman's demo. Pretty sure they lived together throughout, and he got fired. This was Louisiana people in Texas. She got paid.

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estate

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As someone that just recently filed LLC and acquired business GL insurance, I just went down a rabbit hole of why his Corporation isn't protecting his personal assets. Looks like S Corp doesn't protect personal assets when being sued, especially for suit against actions of the owner.

ETA: Now I've read the article and thats exactly what they did, went after insurance first. Insurance suit is tied up (and likely will be until FAA investigation complete) so in meantime, Plaintiffs go after personal assets which is legal. LLC from what I understand, would have prevented this.

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Gtmodawg

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keeping personal assets separate from business assets is not as bullet proof today as it used to be....

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amen to that!

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I know of a situation where a girlfriend sued her boyfriend after an accident in the boyfriend car salesman's demo. Pretty sure they lived together throughout, and he got fired. This was Louisiana people in Texas. She got paid.

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One of my sisters and one of my nieces from a second sister, were in a pretty bad auto accident once years ago and both were injured pretty severely.....my niece was in the hospital for nearly a week and had to have 2 surgeries to repair broken bones...pretty bad wreck. My sister was charged with the accident...she had dropped a tire off the shoulder of the road on her side, over corrected and hit an oncoming car and then rolled over on the opposite side of the road. My sisters auto insurance, Allstate, encouraged my niece suing her aunt because the policy limits were not adequate to cover the entirety of her medical bills....the niece didn't want to sue her aunt but eventually had to so she was out of pocket as little as possible...she and her aunt were very close and remain so today but they do joke about her suing her. Of course it was family so about half of us were understanding and the other half were bent out of shape over the girl suing her aunt "just to get paid....". At the end of the day she would not have done it if an attorney from the insurance company had not encouraged it....he could have had an axe to grind or something but I suspect he saw that the litigation would go much smoother, given the relationship between the two, than it would when the niece was sued over the unpaid medical bills and she had to lawyer up with a lawyer who would be apt to try to drive a wedge between the two of them for more money. The insurance attornery understood what their exposure was and limited it I imagine, but I don't know that for certain, all I know is that my sister and niece both swear they had never even thought about suing or being sued until that attorney explained to them how it would benefit the niece.

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ETA: Now I've read the article and thats exactly what they did, went after insurance first. Insurance suit is tied up (and likely will be until FAA investigation complete) so in meantime, Plaintiffs go after personal assets which is legal. LLC from what I understand, would have prevented this.

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I don't think that is exactly what is going on. One can never tell from an article like this because the writers seldom understand how insurance works in litigation.

If the company is set up correctly yes, you can still essentially force them to take the insurance payment and not a dime more. Company assets would not be in danger. It’s not a simple thing to set up, though. I know of at least one law firm that essentially specializes in it (not around here).