The insurance company for Mackem Aviation, LLC, the aircraft’s operator, asserts that it is not liable under its policy for the damages resulting from the crash that brought down an 1,800-foot tower in Louisiana.
Agape Broadcasters, Inc., a Christian radio station operator, has taken legal action against American National Property and Casualty Company (ANPAC) to enforce a $6 million judgment against the estate of Marcus Todd Sampson, whose aircraft crash in 2018 destroyed the 1,800-foot KATC TV 3 tower in Kaplan, Louisiana where Agape was the sole tenant.
Although the seasoned pilot’s FAA sectional chart identified that there was an 1,800-foot tower in his flight path, he crashed into it at about the 1,600-foot level in daylight. The day before the crash he was informed that there was a warrant out for his arrest.
The tower was critical for broadcasting Agape’s KAJN Radio’s signal across Southwest Louisiana and East Texas.
On August 31, 2018, shortly after taking off from Chris Crusta Memorial Airport, Marcus Todd Sampson’s aircraft collided with the tower at about the 1,600-foot level, instantly killing Sampson and his six-year-old daughter.
The crash destroyed the tower, KAJN’s microwave dish, 1,500 feet of transmission line, and antenna. This resulted in an 11-hour scramble by Agape Broadcasters to find an alternative broadcasting solution.
KAJN, which had been broadcasting at 100,000 watts, saw its reach reduced to just 2,000-3,000 watts temporarily after the crash. The station, known for its Christian programming and music, had its broadcast range drastically limited, affecting nearly one and a half million listeners.
Despite securing a temporary backup antenna and eventually moving its broadcast to a new tower, KAJN’s broadcasting power remains only a fraction of its pre-crash capability.
Agape’s lawsuit claims that ANPAC, which insured Mackem Aviation, LLC, the operator of the aircraft, is liable under its insurance policy for the damages resulting from the crash. The original lawsuit filed in Louisiana awarded Agape over $6 million in damages, which Agape is now seeking to enforce in Texas under the Texas Uniform Enforcement of Judgments Act.
ANPAC has moved the case to federal court, arguing that the estate of Sampson was improperly joined in the Texas lawsuit and that the case falls under federal jurisdiction due to diversity of citizenship. ANPAC disputes the claims and seeks to have the case dismissed or ruled in its favor, asserting that its insurance policy does not cover the damages sought by Agape.
