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March 28, 2012
Lauren Scruggs is suing the insurer of the airline on whose tarmac she was severely injured in December, reports People.
After being struck by an airplane propeller, the 23-year-old model and fashion blogger lost her left hand and eye.
The plane is insured by Aggressive Insurance Services, and the insurance company had offered her a $200,000 settlement, which she has rejected.
The settlement offer was based on the definition of "passenger" in the insurance policy. The term is defined as "any person other than the pilot, who is in the aircraft or getting in or out of it."
But Scruggs maintains that she was not a "passenger" as defined by the policy. She claims that she "had completed her exit from the aircraft prior to the time of the incident and was physically located on the tarmac when the incident happened. Until struck by the propeller, she was not in physical contact with the aircraft after her exit."
Asking the court to interpret the definition of a "passenger" in the policy, Scruggs is suing the insurance company and seeking a declaratory judgment.
From what you have heard and read about this case, what do you think the court should decide?
If you are someone you know has had his or her safety compromised on a commercial or private airline, the aviation accident attorneys at Nurenberg, Paris, Heller & McCarthy may be able to help.
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