[dhmartens]

This is the big question. Can a Risk Retention Group Exclude Bobk?
I know California cannot block a RRG from doing business other than a 60 day waiting period. California has successfully SLAPP lawsuited a RRG where their legals costs exceeded the value of the company trying to do business in California. It is a Federal right for a RRG to do business in California.

[Rick Masters]

I suspect the question actually is, "Can the USHPA prevent the US Hawks from participating in the USHPA's RRG?"
I don't think they can. This provides the US Hawks with a ready-made RRG.

The other question is, do US Hawks members want to participate?
Some may not, for ten reasons:
1) Many states provide landowners with liability protection.
2) It is not a law that hang glider pilots have third-party liability insurance.
3) If you never fly near people, it doesn't even make sense.
4) It's really expensive. Any claims paid out by the USHPA will require an increase in dues/charges to members to maintain the reserve baseline.
5) One big lawsuit can wipe out the entire fund.
6) That lawsuit will probably stem from joyriding.
7) That lawsuit will probably stem from an accident that has already happened.
8) If joyriding doesn't wipe out the fund, the chances any other claims will stem from paragliding are about 85-percent.
9) Any claims brought by the US Hawks may not be honored by the USHPA, regardless of merit or legal requirements.
10) Who trusts the USHPA after what they've done to hang gliding and to BobK? I don't. I no longer see them as an advocate for hang gliding.

[Bob Kuczewski]

I agree with almost everything you've written Rick!!!          (as usual!!)

I especially like that we should be working to free our sport from the millstone of insurance (around our necks). That's clearly a difference between us and USHPA.

At the same time, there will likely be important sites - where our members really really want to fly - that will require insurance for one reason or another. I don't see that changing very quickly.

So my suggestion is that if we do have to purchase insurance through an RRG (or anything else), that it only needs to be purchased on a per-pilot basis by those who need it or want it. I'd really like the money to not even have to pass through the US Hawks fingers. I'd rather have each pilot be able to insure themselves directly through the RRG as needed on a pilot by pilot basis. That's how we buy all other kinds of insurance!! In that case, the US Hawks acts mostly as a certification body to ensure that pilots have the skills to fly safely.

The good thing about that is that pilots can REALLY $ee what they're paying and that will make them more likely to work to reduce the costs (claims) and to try to free their local sites from the insurance requirement. USHPA has muddied that water intentionally to create a dependence of pilots on USHPA. If the RRG is open to everyone, then that breaks that dependence.

Who trusts the USHPA after what they've done to hang gliding and to BobK? I don't. I no longer see them as an advocate for hang gliding.

Thanks Rick. USHPA has revealed their true nature in my case, and it's not about flying ... or freedom.