ll - return receipt requested · 2016. 7. 21. · ii • • certified mj\ll - april 5, 1982 mr....

21
II CERTIFIED MJ\lL -- April 5, 19 82 Mr. Bill Gomes Box 283 Lake Ar r owhead , Re: N54 384; T. Dear Mr. Gomes: RETU RN RECEI PT REQU ESTED Cali forn ia 92352 M. Irvin By telepho ne , you adv i sed us on April 5, 1982, th at you and y our a ssoc iat es had been induced to purchase an airplane allegedly owned by Tharland Mack Irvin, or Tom I rvin, but that Mr. Irv in did not own th e aircra f t. You state that you now are in a position to recov er your money on certifica tion fr om the Federal Aviat ion Administration that the events you described are in fact t he st at e of the recor d. After an exte n si ve inves ti ga t i on by the Federal Bureau of Inv es ti ga tion, Mr. I rvin pl eaded guilty t o t hr ee c har ges of violation of Sec t ion 1001 of Title 1 8, United Stat es Code, making false or fraudulent statement s of an agency of the United States. He has iss ued a Quitcl aim document fo r all of the aircraft which aircraft r ecords he clouded . This quitclaim document has been recorded in each file , inc l uding that of N54384. You are a qthor ized to forward this le tt er as necessary in support of you r claim. Interested pa rti es may contact this office fo r further informa ti on. Sincerely, Original Si gr ,ed By R. BRUCE CART ER ~oseph T. Brennan Aeronauti c al Center Coun se l ~-"bee: ..-- AAC-250 AAC-7:RBCarter:pw:2296:4-5-82

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  • II

    • �

    • �

    CERTIFIED MJ\lL --

    April 5, 1982

    Mr. Bill Gomes Box 283 �Lake Arr owhead , �

    Re: N54384; T. �

    Dear Mr. Gomes: �

    RETURN RECEIPT REQUESTED

    California 92352

    M. Irvin

    By telephone , you advi sed us on April 5, 1982 , that you and your a ssociates had been induced to purchase an airplane allegedly owned by Tharland Mack Irvin, or Tom I rvin, but that Mr. Irv in did not own the aircraf t. You state that you now are in a position to recover your money on certification f r om the Federal Aviation Administration that the events you described are in fact t he state of the record.

    After an extensive inves tiga t i on by the Federal Bureau of Investigation , Mr. I rvin pl eaded guilty t o t hree charges of violation of Sec t ion 1001 of Title 18, United States Code, making false or fraudulent statement s of an agency of the United States. He has issued a Quitclaim document fo r all of the aircraft which aircraft r ecords he clouded . This quitclaim document has been recorded in each file , incl uding that of N54384.

    You are a qthor ized to forward this letter as necessary in support of your claim. Interested parties may contact this office for further information.

    Sincerely,

    Original Sigr,ed By R. BRUCE CARTER

    ~oseph T. Brennan Aeronautical Center Counsel

    ~-"bee: ..--AAC-250

    AAC-7:RBCarter:pw:2296:4-5-82

  • .. �

    FEB 9 1982

    i.'ir. Edward F. Stewa,rt United States Aviation Underwriters 50 California Street San Francisco, California 94111

    Re: � Piper PA 34-200, N54384, S/N 34-7450059; Title and Registration

    Dear �Nr. Stewart:

    This letter is written concerning the ownership of what your records iudicat~ is now your Piper Seneca, N54384. The individual named T. M. Irvin has been foW1d to have been submitting false Bills of Sale and false Applications for Registration for a number of aircraft, including N54384, which your affidavit and ita attached documents show is now your aircraft. The documents you submitted will be recorded in the official file for N54384 upon their proper completion.

    After an extensive investigation by the Federal Bureau of Investigation, Mr. Irvin pleaded guilty to three charges of Section 1001 of Title 18 of the United States Code, making false or fraudulent statements to an agency of the United States. He has issued a Quitclaim document for all of the aircraft which aircraft records he clouded. That quitclaim docu-ment has been recorded in each file, includtng that of N54384.

    However, because Mr. Irvin had the aircraft registered in his name, it is now necessary to have you submit proper documentation to have the aircraft registered to your corporation.

    Your Affidavit, which was filed on October 20, 1980, was not a proper Affidavit because it was not a docuaent sworn to before a Notary Public. Likewise, although the copy of the check to Ruth Johnson, the USAIG Aircraft Policy, the Proof of Loss, the Loan Receipt and, especially, the Bill of Sale from Ruth Johnson to U.S. Aviation Underwriters are not true copies for the purpose of recordation. Each is merely a Xerox of a certified copy. To have N54384 regiatered to your corporation~ we need the o~iginal Bill of Sale, or at least a certified copy which is a first generation copy, certified. We will also need the Application for Registration completed and returned, together with the $5 fee. If you

  • 2

    wish to have any other document• recorded, they aust be the original documents, or an original copy, certified. An Application for Registration is enclosed for your convenience, together with a •elf-addressed, franked envelope.

    If you have any questions concerning thia matter, please contact us. Our address is on this letterhead a.nd our telephone number is (405)686-2296.

    Sincerely,

    Joseph T. Brennan AeronauticAl Center Counsel

    Enclosure As stated

    . bee: ,'-.,,.iAAC-250

  • -------------

    ' J 0 0 0 0 0 0 2 9 9

    • �

    A F F I D A V I T

    WHEREAS United States Aviation Underwriters, Inc., have

    paid $76,000.00, to Ruth Johnson dba Ruth Johnson Flying

    Service, and in exchange for that payment have received

    a signed FAA Bill of Sale, a notarized Proof of Loss and

    a witnessed Loan Receipt, under a policy of insurance,

    no. 400-14153, issued to Ruth Johnson dba Ruth Johnson

    Flying Service, United States Aviation Underwriters, Inc.

    are now the sole owners of a 1974 Piper Seneca, N-54384.

    Supporting documents are attached.

    cd~Q.~JEdw~F. Stewart

    http:76,000.00

  • ••

    ... . . -~etffieO:# _'!:w--c-opy_-· 3rd d~y ·of. August, TO 1lNITE1fSTATE5AVIATI-ON1iND£R~ N~ .. 2289 1~ 9 •

    •• - . 1NCORPORATllO R~a,A-,;,,;__~...:./ . 110 WIWAM STREET t-103

    .. Claim No. ... N EW YORK., N. Y. 1_0038 ~HO.\;F; A. ci~..ffimt:F:'".""44412 · Janua Plls9ri.6st , of • .1 . . - .. ~ . • 3l•sst!nso Q -· ~ e New i;rkT

    • u....._ 1.11 New YDrk Co. Pay lo RUTH JOHNSON d/b/a RUTH JOHNSON FLYING· SERVICE ($76df@~!>t 1:ic:lu:io.2d County

    and CROCKER NA'l'IONAL BANK r=.. ....J.t::1 ... r r... f'II Of'llt ··"'N[lt ,lllj l'"'I CT~ues MW'.eh 30, 1980cXACTL'r~:.:.r I \!!;I w1 111111 ~w ~ _.::::~ ·

    in full Rettlement, satisfaction, compr,m1ii.e and discharge of all claims and demands for loss and d.amage which occurred (In •n·about October 13, 1975 to property covered u,nder P~l1cy Number 400-J.4153 of the UNITED STATES AIRCRAFT INSURANCE GROUP ;

    . ! ~ ., U~ITJ~p STATES AVIATION UNDERWRITE lThrough ;

    BANKl:.'KS TRUST CoMPANY l!u11 Loss Dept. NY

    ,e 16 Wall Street, New York, N.Y. Accounts NY � :-: --:-_ i· ~.c..-. �! . i '"' i.... .,.~ -. ,.

    .. - ------- - ... --·--·---·--· _.., ··--------- ----·--·-

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  • CllAFT MUST 131? ENDOR~Tt.V AS CRAWN,

    ENDOR9£MENT OF THIS DRAr,T DY PAYEE OR PAYEES 18 J.CY,NOWL1UlGEMENT OF. i'~:..i.. .SF.TTLY.MENT, S.\TIS.

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    ,,ACTlrlN, COMPROMISE AND CUICHAFIGE OF ALL CLAIMU AND DEMANDS OF EVERY NATURE ANO KIND 01" t.c)s AND DAMAGE Ul·IDER THE POI.ICY. OF INSUR· ANCE( NUME£R OF WHICH APPEARS ON THE FACE 01' THIS DRAFT, SAit> LOS$ OR DAMAGE HAVING OCCURRED ON OR ASOUT THE DATli: SHOWN ON THlt FACli: OF THIS c,u.rr. AND ALL Rl1 AND NO ATl"EMl>T TO DECEIVE THE SAID COMPAtlV OR COMPANIE5 TO THE EXTENT OF THE t.oss, HAU IN ANY MANNER BEEN MADE,

    I (WE) HAVE READ AND FULLY UNDER,sr~:•ov JL~n,-__ J/&/J �~ ~"" cnM s~" �

    • • PA\' ro 7: . . ,.. ,:

    't A.'..ry -~~.,, ··· · · · · ··,:-:-Rr,. p' ,.:/. ·• ~. . ·.. ·:- ·-:~iL•'J-v I •,- .... I.,, t , • 1.,.,/~ 1

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  • o a o· o �th Johnson . . lJfllTEO 5TliTES RIRCRflFT /llSlJRRIICE tifWUP

    /b/a Ruth Johnson Flying Service �Chino ld.rport �Chino~ Cal11"orn1a 91710 �

    -----"'-----~-~---. ·-··---------- ·-·-------~-. ·-·--·-·--- -·

    ST. Fl.UL. Flr.E ANO MAr.lHE ;,~SURAIICE co... --~t.Fa·,

    Managed by United States Aviation Underwriters, Inc. �Home Office: i10 \IVilliam St., ·Nevv York. New York 10038 �

  • [~~Jtl::t~ .·/: ~ ·_· Declarations Page of USAIG Aircraft Policy -For atta'· ·'ent to l:SAJG Policy Form F400) I(·=~:s::r: USRIG � ~)Joo-This Declarations Page anlall Endors~enPissug to Qrrn Qpar ert~, 14153I .:. -:? ,. ,~SIIWSll#Olt¥1~t;IIOtlf; together with your Policy Jacket, form your complete insurance policy. 400-13133

    -~- .\.. Decl~rations Items:·· , former Policy Number Ruth Jo..lmson d/b/a Ruth Johnson Flying Service is the name all.d address of the Na.med Insured -Chino Airport Chino, ca11.rorn1a 91710

    from'---'-06=-/;-=2;..:a.;9/.__7......,5'--·._·-----to,__0_6_/:_2_9/_7_6____ beginning and ending at 12: 01 A • M • Standard Time at the above address.

    u)whose business is Fixed Base Operator (A) �Individual (B) Corporation (C) Partnership (D) Other

    AA oss. Cap Airwort iness l lde!'tification Exel. Crew Cert. Category

    StandardISee Endorsement Number One. -."·:..=~.:-~-- ..5. •trots. This policy shall not.apply to an aircraft '\\'bile in flight unress operated by the following-pilot(s): ··

    ' -~A 7 """;,•,

    -~ a· :.7'-.:.::-_,.~:"";.:

    . /' __ .·- ... See Endorsement Number Two~

    -7:t.~/·,~'-.-~ '\,. ' t-:~:{-/i.

  • O O O O 0 0 4 --· �~ ---:--r- -~---~·---..--- . -.--~·~······

    The Companies 11amed 011 the face of this policy, hereiu collectively called the Company, in consideration of the payment of the J'renziu111 a11d in reliance upon the Dec/aratious, and subject to t/:,e Limits of Liability and "II of the other I er111s of this policy,, do jointlyand severally ag1·ee with the N,1111-e,l lnsm·ed, as follows:

    DEFINITIONS

    Wherever used in this policy:

    ••;zircra/t" means the landplane, seaplane, amphibian or rotorcraft spe-�cilically described in this policy and shall include operating, navigating �and radio equipment usually attached thereto, including parts tempo-�

    detached from the aircraft if not replaced by other similar parts, , ls and repair equipment therein which are standard for the make

    pe of aircraft.

    • "Airport Contract" means a written agreement required by statute or ordinance or by any rule or regulation promulgated by any Federal, State, County or Municipal Authority as a

  • 0 0 0 0 3 0 5 �INSURING AGREEMENTS �

    ability Coverages

    To pay on behalf of the Insured all sums which the Insured shall �become legally obligated to pay as dama1;es because of: �

    Cooerage A injury sustained by any person, except a passenger, �

    Coverage B injury to property, �

    CotJer11ge C injury sustained by any passenger. �

    C

  • •••

    0 60 0 0 0

    LIMIT OF THE COMPANY'S LIABILITY

    respect to Liability Coverages A and C:

    the limit of liability st.iteJ in the Dcdarations as .applicah!e to ..

  • This policy js not ,·alid or complete unless a Declarations Page, approved by the A,·iation Managers and countersigned by an Authorized

    Representative, is attached hereto.

    5. Notice, Assistance and Cooperation of the Insured, and Protection of �

    esalvage �

    (a) Notice In the event of acci

    .,, : .Aviation-Managers ~f -an·iwaid as hereinaf~~1'rovided,-and the ·corr.-~,pliance hy,.th;;N~~ [In_sured''.'!''.ith ,all ·Of:~~;~:!.: requ~rements of

    c'?~hjs,~lic;j(t::,(~::·e~1)-rr.~":'~.,~0 \··...:-..-,,o,a.'·,•./1".~.:,i•.·,·,-•, .. ,.~ ' .. ,. ' .,

    8. Appraisal �(Hull Coverages} �

    In case the Named Insured and the Co~pany shall fail to agree as to the amount of loss, then, on written demand of either, each shall select a competent and disinterested appraiser and notify the other of the aepraiser so selected within twenty days of such demand. The appraisers shall first select a competent and disinterested umpire, and failing for .fifteen days to agree upon such umpue, then on request of the Named Insured, or the Company, such umpire shall be selected by a judge of a court of record in the state in which the property cov-ered is located. The appraisers shall then appraise the loss, stating separately the amount of loss to each item, and failing to agree, shall submit their differences, only, to the umpire. An award in v,riting, so itemized, -of any two when .filed with the Aviation Managers shall determine the amount of loss. Each appraiser shall be paid by the party selecting him and the expenses of appraisal and the umpire shall be paid by the parties equally.

    9. Rights Against Third Parties �(Hull Coverages) �

    The Hull Coverage afforded under this policy shall not inure directly or indirectly to the benefit of any third party. Any act or agn:ement by the Named Insured whereby any right of the Named Insured to recO\•er the full value of, or amount of damage to, any property lost or damaged and insured hereunder, from any third party liable therefor, is released, impaired or lost, shall relieve the Company from any liability under

    1 � this policy for or on account of any such loss or damaa

  • • • 11. Subrogation � 0 0 1~ AQ.igQme~t ;5 Q O

    • � pany, upon paymdlt of any claim heteunder, shall be subro-o,~U. the,.·Imured:S -righu: of recove11• therefor afainst any per-. or~a.-iization, ,and the Insured sh.ll o:ecute and ddi"er all in-

    '-Struments and·papers and-do whatever ..el~ .is necessa1y·to secure such c,-rigms;'.·The In~ured ~hall -do nothin eft r ct!• ,, ic,1 ha ·nir. of -· the -occurrence ,.,. JCh ives nse to a ciaim ·-i;t-r md · · e or . 1mg2.1r sue r!f.tlts ot reco"erv. 1 e nsur ·:shall-cooperate with the . (.;ompany ana upon llie Company'.s request, shall attend hearings and ~;:-uials, .and shall assist, except in a pecuniary;..way, in -securing and gi\'-'f.f1%1'g evidence, obtaining the.:mendance-ofwitnesscs, .and ,-in the condua

    -of suits for such .rt."COvery. ,:.·,:- .• , ... ,, :-,.::,-':f->r :·, ..,.,·-....,~ ·" ·...: .-.'c' .,,,..,. ;,:...·.:•.. .-,.

    12. Other Insurance Except with respect to insurance specifically purchased by the Named Insured to apply in excess of this policy, if there is _other insurance, in me lnrnred's name or otherwise, against loss, liability or expense cov-ered by this policy, the Company shall not be liable under this policy for a greater proponion of such Joss; liability or expense than the applicable Limit of the Company's Liability (as stated on Page 3 of this policy) bears to the total applicable limit of liability of all valid and col leetible insurance against such loss, liability or expense.

    13. Action on Policy No suit or aaion on this policy for recovery of any loss or claim shall be sustainable in a court of Jaw or equity unless, as a condition prece-

    thereto, the Insured shall have fully complied with all of the . s of this policy. and, . . • � with respea to the Liability Coverages, until the amount of the

    Insured's obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or wrirten agreement shall there• after be entitled to recover under this policy to the extent of the insurance afforded thereby. Nothing contained in this policy shall

    ive any person or organization a right to join the Company as -defendent in an action against the Insured to determine the sured's liability. Bankruptcy or insolvency of the Insured or the

    nsured"s estate shall not relieve the Company of its obligations herein. ·

    (b) with respect to the Hull Coverages, unless such action for recov-ery is commenced within twelve months next after the physical happening of the occurrence which gave rise to the loss or claim.

    If any limiuition of time stated herein is prohibited by the laws of the State wherein this policy is issued, then, in that event, no suit or action on this policy shall- he sustainable unless commenced within the shortest limitation permitted under the laws of such State.

    14. Action Against the Named Insured one of the Companies or the Aviation Managers shall have the

    • � ·er to institute and maintain suits in its own name against the Named Insured for non-parmffit of premiums or for breach o(any other ol:.ligation arising from or by reason of this insurance, and any judgment so obtained or release or receipt by any one of the Com-panies or the Aviation Managers shall be binding on all of the Com-panies and the Aviation Managers.

    Assignment of interest under this policy shall not bind th

  • MANAGERS

    To~~~~~-YNITEO STAT~S~lRCRAFT INSURANCE GROUP

    J. UNllEI:, :mJ suhjcct to tltt• pro\'isions, of your Policy No.-4.01l:..L4.J..5.3 ....-·-----·---(issuc

  • r--------------------------------------------------·.-....--.j,;;-,,,...,.,... �

    COMPANY, is hereby rc1p1csted, authorizeJ :mcl ('mpowered to pay, at its option, as follows:

    to·~-~-------------------~ --~----the sum of $-----·---_____the sum of $to~---------------------..:._

    the sum of$--------to·-..-------------------~ in full settlement and satisfaction for all loss and damage for which claim is made in this proof of loss.

    In consideration of such payments, the insurer is hereby dischargerl and forever released from any and alt further claim, demand or liability whatsoever for said loss and damage. under and/or by reason of said policy.

    Witness_·--------------------

    By~~~~~~~~~~~~~~~--~~ (Signature) (Title)

    Witness: Loss Payel:'.------------------

    ] Address .

    • SUBROGATION RECEIPT $ 76,000.00 December 22, 1975

    (Date)

    US Aviation Underwriters, Inc. Mgrs. for In consideration of the payment from..Jll? . .?\Jrcraf t Insurance Group. the sum of

    (C,ompa11J)

    SEVENTY.SIX THOUSAND AND N0/100------------------------------------Donars,.

    beif!_g full settlement of all claims and demands for loss and and damage, on the..__.l.3tb · day oLO.c.t.ob.e._r __ 19_7_15_, to the property insured by Policy No.A_00-1415..3-.and in consideratic.n of such payment the unrlersignecl heTeby assigns and transfers to the insurer each and all claims and demands against any ether person, or corpor:ltion, arising from or connected with sllch loss and damage, ( and the insurer is hereby subrogated in lhe place of and to the claims nnd demands of the undersigned, against said person, or corporation) to the extent of the amount above named, and the inc.urer is hereby authorized and empowered to sue, compromise or settle in my/our name or otherwise lo the extent of the money pa.id as aforesaid.

    The undersigned covenants that I/we have not released or discharged any such claim or demand against such other party or parties, and that I/we will furnish to the iQsurer any and all papers an9 information in my/our possession neces-sary for the proper prosecution of such claim.

    ted a.__ _______________________this ____day of __________

    Witness_____ ------------------------------------Insured.

    Ruth JohP.son d/b/a Ruth Johnson Flying Service

    ~.i Rev. h/71

    http:76,000.00

  • ... :: )

    0 r-..,0 0 0 0I .. I ·, .-,--

    l ) ) PlJ ) ) ·) ) ) ) • *U. S. GOVERNMENT -INTING OFFICE: 1972-770-898 -··------- - ..OA>M,,....,.ovio~ ·-----=--· ----·------.y--·-·-oo NOT WlflTtr ... 'l"Nl5 •1...0C:t< ·' -.~ . •.

    o-e..ao.•6-tlt••J& •OIII FAA U5£ OtcL••

    D£•11tt1TM£tc'T OF' ..........5IIIO•TA"ftON -.. : �

    AIRCRAFT BILL OF SALE:}\:: ·. :' . w (I)

    .;t:r: 0 0: :::> 0..

    AND TO E.C:ECUTORS. ADMtMtliTRATOl'llo. ·ANO AI.StGflfli TO HAVE AND TO tCOLD. �

    'SINGULARLY THE SAID AIRCRAFT FOREVER. AND WARRAN,-s TM£ TfYLE THEREOF:;.,··_,."t:' ., �

    1N YESTtMONV WN.IEREOF. ~ HAVE SET ·. · i4A~~ ;MD~-~-~HI_~ ;~:+.:tAYOF/'.-\~:~);tf · ••· TITLtt·.·· ,.!'t!-.c.._~........ -. �· ..AME {S) OF SE&..LER SIC.NATURE "(SI

    4tN •L.ACK tNl(.J ftF EKECUTEO(TYH:O Oot -T£0J (T¥1'£0 - - .......o,�P0411 CO.,.':>Wt111:ft....tl9'.AI.LMUST

    ..GN.J .

    }t--~~~~~-4-~~~--~~~-~----~~--~~ �a: Ruth Johns President· LIJ ...I dba Ruth Johns �..t Flying Service �f..U U)

    ACt

  • .• {:

    OAf1J RECEIP r Date l?-22-75

    Claim No. F44412.

    ). .,_1··

    SEVENTYSIX THOUSAND AND N0/100 Dollars

    as a loan. repayable only to 1he extent of any net recovery the undersigned may make from any pf3rson or persons,·

    corporation or corporations, or other parties, causing or liable for the loss of or damage to the aircraft described

    below on or about the 13tltllay of October, 19 7,5>r from any insurance effected on such aircraft (except insurance under the policy hereinafter referred to), with interest on said loan only to the extent of any net recovery·

    thereof by the undersigned, and as iecurity for such repayment the undersigned hereby pledges to: '

    United States Aviation Underwriters as Managers for United tates Aircraft Insurance Group. . .

    alf n1s, ifs or their claim or cta1ms, and any- recovery thereon, against such person or persons, corporation or corporations, or other parties, or against any insurance carrier or carriers; and the undersigned ~grees to deliver

    to United States Aviation Underwriters, Inc., Managers of the United States Aircraft Insurance Group, all docume11ts

    necessary to show his, its or their interest in said aircraft, to promptly present claims against any and all persons,

    corporations or insurance carriers against whom a claim for loss'of o·r damage to the said aircraft may lie, and, if

    required, to institute and prosecute suit in his, its or their own name or names for the purpose of effecting any

    such recovery with all due diligence, it being agreed, however, that such action as may be taken in connection with

    any such claims or suits is to be under the exclusive direction and control of the saiciiUnited States Aviation

    Underwriters, Inc., and is to be without expense of any kind or nature to the undersigned.

    Make/Model of Engine(s)___________

    Registration N54384 Piper SenecaMake and Model ______________ (Number) (Nelionalily)

    Manufacture 7450059r's Serial No. _____________ Lycoming•

    Serial No. 't>f Engine{s)___r...J--B....9_3._-......6.._7.....A...._______Dated lnsured6-2 9-7 5 to 6-29-7 6 Amount insured for s__,..,,.._,,........._.....____________Under Policy No. · 4 0 0-1415 3

    rr) __ Signature_~l\t--.-/,..,_~__,.."""~.....--,,,..~------------~ �

    Witness F-344 Rev-1,/72 �£.......,, i �\J .1

    UNlTED STATES AVIATION UNDERWRlTEP' tNC., MANAGERS/UNITED STATES AIRCRAFT INS,....URANCE GROUP

  • "/ ~.; ~ ..

  • • �Page Two �September 21, 1979 �Mr. Ochiltree �

    When a loas occurs, the ~tract of h~auce further pro- .· . vides that the Insured (In this case,.auth Johnson Flyin9 · · Service) cooperate with the ccapany in every way possible recover the aircraft, and .if payment· la made· .unaer the · policy, the company then shall be subrogatecS· to all the . . , Xnsured' • rJ.ghta of recovery. file contract goea on to state:::~(;'.;; that the Xnaured mu.at execute any document• and. do .wbat.eTeJ!' rr~J:::., .. else is necessary to aec=e for the company ita righta of subrogation~ mu.at do nothing to prejudice the co=pany•a .· rJ.ghts of recovery (Pg. 5 tU). · · . . . ·.· ...

    ,. . ,· ·,. . "

    On December 16, ·1975, Ruth Jonnson executed. a Proof' of Losa . pursuant t.o 1:he tenua of the policy (Pg.4 f6) and on January · l.5, 1976 the company made payment to auth Johnaon for the · · full value of the aircraft _pursuant to Page •• Para91=apb 11 , ;;.·of the policy. · · · . .··.,· '',ii·:,·· ..I

    . . Attacbllent t2: PAA Title Search

    This ia the entire o. s. Government, Pederal AviaUon Adi.Din;.. �J.stration File on t:he above mantionec! aircraft. · The file . · �begina (Page XVI) vith the original certificat.ion of tba . :; . �aircraft. The firat sale of the aircraft (Page. XXXI) is /\ · �froa Piper Aircraft Corporation to Ala8ka 'b:anaportation�Coapany Oil November 28, l.973•.The aircraft. ... then reg-�iat:ered to Alaska Transportation on .Decem.ber 5,: 1973•..··. �

    ' ·. ' . ,.,,

    On July 23, 1974, -Alaska Tranaportation Colapaar signed. a · �Bill of Sale transferring the aircraft to Rut:h:Johnson �Plying Service (Page X). ·The·plane wae t.hen %'8g'1atere4 �lltlth Johnson (Page J:X) on August 8, 1974-and a Security �Agreement was filed showing Crocker Bank of.Montclair,. �California as the lien.holder (Page VXII). Cancellation of �registration vaa requested by Ruth Johnson effectift De-�cember 31, 1975 after the plane was atolen (Page VJ:). �

    The next document recorded by the PAA (Page IV) ia an Air-�craft Bill of Sa.le showing the Aircraft Recovery Bureau as �Purchaser. ,:rhe seller is listed as Ruth c. Johnson dba �Flying and a signature appeara next to the name of the �seller. There ia, however, even to an untrained. eye, no �resemblance between this signature and the other signatures�of Ruth Johnson throughout the Government File nor on any�document or check submitted to USUG in support of this �claim. �

  • • • O O O O O O 3 I 5 Page ~ee �september 21, l.979 �Mr. Ochil.tree �

    '!'be government accepted the Bill of Sale presented by Air-craft Recovery Bureau and filed a registration appl.ication ··. in the file on l10vembe%· 3, .l.978. ··

    Attachment f3: Draft No. 2289

    'lhis D.raft was issued J~ 15, 1976 in fawr of Ruth Johnao11 db& Ruth Johnson Flying Service and ·Crocker National Bank for $76,000.00. It is.properly and legally endorsed by Ruth Johnson and Crocker National a.nit. The Crocker Bank stamp indicates the funds were deposited to Ruth Johnson'• checking account, no. 423 000 1282. ·The signature on this Draft acknowledges full satisfaction of the claia. ThJ.s Draft is legal ·and proper in every way and is proof of payment to Ruth Johnson and woul4 be accepted in a court of. law. .. . .$

    •.

    Attachment t4t Bill of saie

    This Bill of Sale vaa executed by Ruth.Johnson and was signed December 26,. 1975. lfote the signature .ia the aame u that on the notarized Proof of Loss, but not similar to that in Attac:blllent 12, Page IV.

    Attachment ts: · Loan Receipt.

    Whia document ie a loan only to the extent of &n!' net~~:::,;. covary and is used for the.same purpo••·•• a SubrogationBeceipt. Simply stated, it ia an asaurance.,that, after a

    . claim has been pa.14. the Xnsurance company nay bring an . action to recover stolen property in the name of the l:naured

    ·· and any monies recovered by such an action will accrue to the canpanies benefit as if this money bad been a loan.

    In conclustioo., it is clear that:

    (l) a legall.y binding oontract existed between our-aelvea and Ruth Johnson Flying Service wherein we agreed to insure a certain aircraft for a specific sum in exchange for a premium and certain policy conditJ.ona. Demand was l9ade under that contract and that demand was fully satisfied and acknowledged,

    (2) we clearly were granted title to the salvage on �this aircraft by the contract and by the Bill. of Sale and �Loan Receipt, -

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    · ··

    ..

    .

    http:76,000.00

  • 6 �

    Page �Four September 21, 1979 Mr.. Ochil.tree

    (3) ' a1loving this aircraft to be registered to Recovery Bureau. without verification that the signature on the.Bill of Sale was that of the 1egal·,owner, particul.arly when that signa-ture was in Government Files ..and readily avail.able.-.

    , . ·, · ·-~' · _ . "" -~::;/lin?the~hanilling of·' this situation and we look.forward to:the pxo.W1pt ..return of this airer.rt.· {i/J~~·i?jJ\;Fii~~iiii~i::, .·· ..

    San.rd F.. Stewart

    EFS:laj

    Attachments

    cc: � Captain Edward J:gleaiaa - San Clemente. call.fornia �Mr. Richard H. Dieckhoff - USAU - New York �OSAU - Glendale �

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