AVIATION INSURANCE CLAUSE HANDBOOK - KLAUSULA PESAWAT TERBANG
klusula AVIATIONCONTENTS
Page
AVN
1C LONDON AIRCRAFT INSURANCE POLICY
AVN 2A LONDON
AIRCRAFT INSURANCE POLICY PROPOSAL FORM
AVN 4A CANADIAN SHORT RATE
CANCELLATION TABLE FOR
INSURANCES WRITTEN FOR ONE
AVN 9 FULL
PREMIUM IN THE EVENT OF A CLAIM EXCEEDING
PREMIUM
PAID
AVN 11A 15% TRANSPORTATION COSTS
CLAUSE
AVN 14 LIMITATION OF LIABILITY
CLAUSE (JOINT INSUREDS)
AVN 15 LIMITATION OF LIABILITY
ENDORSEMENT (ADDITIONAL INSUREDS)
AVN 16 LLOYD'S AIRCRAFT HULL POLICY (U.S.A.)
AVN 17 ADDITIONS AND DELETIONS
AVN 18A ADDITIONS AND DELETIONS
AVN 19A ADDITIONS AND DELETIONS
AVN 20 LLOYD'S AIRCRAFT LIABILITY POLICY (U.S.A.)
AVN 62 SEARCH AND RESCUE EXTENSION CLAUSE
AVN 26A AIRCRAFT LAYING-UP RETURNS
CLAUSE
AVN 28B AIRCRAFT FINANCIAL INTEREST ENDORSEMENT
AVN 29 MANUFACTURER AS ADDITIONAL
INSURED
AVN 30A LONDON
HELICOPTER INSURANCE POLICY
AVN 32 GLIDERS (LAUNCHING SITES)
CLAUSE
AVN 34 PASSENGER VOLUNTARY
SETTLEMENT ENDORSEMENT
AVN 37B EXCESS AVIATION LIABILITY FORM
AVN 38B NUCLEAR RISKS EXCLUSION CLAUSE
AVN 41A REINSURANCE UNDERWRITING
AND CLAIMS CONTROL CLAUSE
AVN 42 DOCUMENTS OF CARRIAGE
CLAUSE
AVN 44 MUTUAL REVISION CLAUSE
(AVIATION LIABILITY)
AVN 44A PASSENGER LIABILITY (MUTUAL REVISION &
SPECIAL CONTRACTS) CLAUSE
AVN 46B NOISE AND POLLUTION AND OTHER PERILS
EXCLUSION CLAUSE
AVN 48B WAR, HI-JACKING AND OTHER PERILS EXCLUSION
CLAUSE
AVN 48C WAR, HI-JACKING AND OTHER PERILS EXCLUSION
CLAUSE (AVIATION)
AVN 48D WAR, HI-JACKING AND OTHER PERILS EXCLUSION
CLAUSE (AVIATION)
AVN 51 EXTENDED COVERAGE
ENDORSEMENT (AIRCRAFT HULLS)
AVN 51(A) EXTENDED COVERAGE ENDORSEMENT (AIRCRAFT
HULLS)
AVN 52C EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52D EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52E EXTENDED COVERAGE ENDORSEMENT (AVIATION
LIABILITIES)
AVN 52F EXTENDED
COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
AVN 52F EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52G EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52H EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52J EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52K EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52L EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
AVN 52P AVIATION MANUFACTURERS
PRODUCT LIABILITIES
ENDORSEMENT
AVN 52R EXTENDED COVERAGE ENDORSEMENT (AVIATION
LIABILITIES)
AVN 53 ADDITIONAL
INSURED ENDORSEMENT (LIABILITIES)
AVN 54 NON-OWNED
AIRCRAFT ENDORSEMENT
AVN 57A AIRCRAFT ACCIDENT
LIABILITY INSURANCE
AVN 57A (AUSTRIA) AIRCRAFT ACCIDENT LIABILITY INSURANCE
AVN 57A (SWITZERLAND) AIRCRAFT THIRD PARTY LEGAL
LIABILITY
AVN 57C (CANADA) AIRCRAFT ACCIDENT LIABILITY INSURANCE
AVN 58A D.O.T. 14 CFR PART 205 REINSURANCE
AVN 59 NON-AVIATION LIABILITY
CLAUSE
AVN 60А PERSONAL INJURY EXTENSION
AVN 62 SEARCH
AND RESCUE EXTENSION CLAUSE
AVN 64A PROFIT COMMISSION ON RENEWAL CLAUSE
AVN 64B PROFIT COMMISSION ON RENEWAL CLAUSE
AVN 65 SERVICE OF SUIT CLAUSE (U.S.A.)
AVN 66 LONDON MARKET AVIATION PRODUCTS LIABILITY POLICY WORDING
AVN 67B AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT
AVN 67B AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT
(HULL WAR)
AVN 67C AIRLINE
FINANCE/LEASE CONTRACT ENDORSEMENT
AVN 67C AIRLINE
FINANCE/LEASE CONTRACT ENDORSEMENT (HULL WAR)
AVN 69 LONDON
AIRCRAFT INSURANCE POLICY (USA)
AVN 71 NUCLEAR RISKS
EXCLUSION CLAUSE
AVN 72 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
1999
EXCLUSION CLAUSE
AVN 73 LIABILITY TO PILOTS
AND CREW CLAUSE
AVN 75 FLYING
CLOTHING AND EFFECTS CLAUSE
AVN 76 SUPPLEMENTARY
PAYMENTS CLAUSE
AVN 77 UNAUTHORIZED USE CLAUSE
AVN 79 UNEARNED PREMIUM INSURANCE CLAUSE
AVN 80 MEDICAL AND RELATED
EXPENSES INCLUSION CLAUSE
AVN 81 OUT OF
NOTIFIED HOURS CLAUSE
AVN 84 NO CLAIM BONUS ON RENEWAL CLAUSE
AVN 85 NO CLAIM BONUS ON RENEWAL
CLAUSE
AVN 86 PROFIT COMMISSION CLAUSE
AVN 88 PROFIT COMMISSION ON
RENEWAL CLAUSE
AVN 89 INNOCENT OPERATORS COVERAGE
CLAUSE
AVN 90
FERRY FLIGHT ENDORSEMENT
AVN 91 TRESPASSERS
COST CLAUSE
AVN 92 CARGO
LEGAL LIABILITY ENDORSEMENT
AVN 93
WORK IN PROGRESS ENDORSEMENT
AVN 94
BREACH OF AIR NAVIGATION REGULATIONS CLAUSE
AVN 95 CIVIL USE OF MOD AIRFIELDS ENDORSEMENT
AVN 96 ASBESTOS EXCLUSION CLAUSE
AVN 98 AVIATION PRODUCTS, GROUNDING AND OTHER
AVIATION
LIABILITIES INSURANCE
AVN 99 AIRCRAFT FINANCE/LEASE CONTRACT -CONTINUING
LIABILITY ENDORSEMENT
AVN 101 ADDITIONAL INSURED(S)
ENDORSEMENT
AVN 102 WAIVER OF SUBROGATION
ENDORSEMENT
AVN 2000A DATE RECOGNITION EXCLUSION CLAUSE
AVN 2001A DATE RECOGNITION LIMITED COVERAGE CLAUSE
AVN 2002A DATE RECOGNITION LIMITED COVERAGE CLAUSE
AVN 2003A DATE RECOGNITION LIMITED COVERAGE CLAUSE.
AVN 104 AIRPORT
LIABILITY INSURANCE
AVN 105 AVIATION
FUELLING LIABILITY INSURANCE
AVN 106 FUELLING GROUNDING
LIABILITY EXTENSION
AVN 1C LONDON AIRCRAFT INSURANCE POLICY
Headings and
marginal captions are inserted for the purpose of convenient reference only and
are not to be deemed part of this Policy.
Certain words
and phrases used in this Policy have special meanings which can be found in Section
IV(D) Definitions.
The Insurers agree to insure against loss,
damage or liability, arising out of an Accident occurring during the Period of
Insurance to the extent and in the manner provided in this Policy.
SECTION I LOSS
OF OR DAMAGE TO AIRCRAFT
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1. Coverage a) The Insurers will at their option pay for,
replace or repair, accidental loss of or damage to the Aircraft described in
the Schedule arising from the risks covered, including disappearance if the
Aircraft is unreported for sixty days after the commencement of Flight, but
not exceeding the Amount Insured as specified in Part 2(5) of the Schedule
and subject to the amounts to be deducted specified in Condition 3(c). b) If the Aircraft is insured hereby for the
risks of Flight, the Insurers will, in addition, pay reasonable emergency
expenses necessarily incurred by the Insured for the immediate safety of the
Aircraft consequent upon damage or forced landing, up to 10 per cent of the
Amount Insured as specified in Part 2(5) of the Schedule.
2. Exclusions
applicable to this Section only a) wear
and tear, deterioration, breakdown, defect or failure howsoever caused in any
Unit of the Aircraft and the consequences thereof within such Unit; b) damage
to any Unit by anything which has a progressive or cumulative effect but
damage attributable to a single recorded incident is covered under paragraph
1(a) above. HOWEVER accidental loss
of or damage to the Aircraft consequent upon 2(a) or (b) above is covered
under paragraph 1(a) above.
3. Conditions applicable to this Section only a) If the Aircraft is damaged i) no dismantling or repairs shall be commenced
without the consent of the Insurers except whatever is necessary in the
interests of safety, or to prevent further damage, or to comply with orders
issued by the appropriate authority; ii) (ii) the Insurers will pay only for repairs
and transport of labor and materials by the most economical method unless the
Insurers agree otherwise with the Insured.
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Wear and Tear, Breakdown |
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Dismantling Transport and Repairs
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Passengers
Property
Noise and Pollution and Other Perils |
(a)
injury (fatal or
otherwise) or loss sustained by any passenger whilst entering, on board, or
alighting from the Aircraft; (b)
loss of or damage
to any property belonging to or in the care, custody or control of the
Insured; (c)
Claims excluded by
the attached Noise and Pollution and Other Perils Exclusion Clause.
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3. Limit of Indemnity applicable to this
Section The
liability of the Insurers under this Section shall not exceed the amount
stated in Part 6(C) of the Schedule, less any amounts under Part 6(B). The
Insurers will defray in addition any legal costs and expenses incurred with
their written consent in defending any action which may be brought against
the Insured in respect of any claim for compensatory damages covered by this
Section, but should the amount paid or awarded in settlement of such claim
exceed the Limit of Indemnity then the liability of the Insurers in respect
of such legal costs and expenses shall be limited to such proportion of the
said legal costs and expenses as the Limit of Indemnity bears to the amount
paid for compensatory damages. See
also Section IV
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SECTION
III LEGAL LIABILITY TO PASSENGERS 1. Coverage The
Insurers will indemnify the Insured in respect of all sums which the Insured
shall become legally liable to pay, and shall pay, as compensatory damages
(including costs awarded against the Insured) in respect of 1.
accidental bodily
injury (fatal or otherwise) to passengers whilst entering, on board, or
alighting from the Aircraft and 2.
loss of or damage
to baggage and personal articles of passengers arising out of an Accident to
the Aircraft. Provided
always that i.
before a passenger
boards the Aircraft the Insured shall take such measures as are necessary to
exclude or limit liability for claims under (a) and (b) above to the extent
permitted by law; ii.
if the measures
referred to in proviso (i) above include the issue of a passenger
ticket/baggage check, the same shall be delivered correctly completed to the
passenger a reasonable time before the passenger boards the Aircraft. In
the event of failure to comply with proviso (i) or (ii) the liability of the
Insurers under this Section shall not exceed the amount of the legal
liability, if any, that would have existed had the proviso been complied
with. |
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2.
Exclusions applicable to
this Section only The Insurers shall not be liable for injury (fatal or otherwise) or
loss sustained by any (a) director or employee of the Insured or partner in the Insured's
business whilst acting in the course of his employment with or duties for the
Insured; (b) member of the flight, cabin or other crew whilst engaged in the
operation of the Aircraft. 3.
Limits of Indemnity applicable to this Section The liability of the Insurers under this Section shall not exceed the
amounts stated in Part 6(C) of the Schedule, less any amounts under Part
6(B). The Insurers will defray in addition any legal costs and expenses
incurred with their written consent in defending any action which may be
brought against the Insured in respect of any claim for compensatory damages
covered by this Section, but should the amount paid or awarded in settlement
of such claim exceed the Limit of Indemnity then the liability of the Insurers
in respect of such legal costs and
expenses shall be limited to such proportion of the said legal costs
and expenses as the Limit of Indemnity bears to the amount paid for
compensatory damages. See also Section IV
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Illegal use
Geographical Limits
Pilots
Transportation by other conveyance
Landing and Take off areas
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SECTION IV (A) GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS This Policy does not apply (A)
GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS This
Policy does not apply 1.
Whilst the
Aircraft is being used for any illegal purpose or for any purpose other than
those stated in Part 3 of the Schedule and as defined in the Definitions. 2.
Whilst the
Aircraft is outside the geographical limits stated in Part 5 of the Schedule
unless due to force majeure. 3.
Whilst the
Aircraft is being piloted by any person other than as stated in Part 4 of the
Schedule except that the Aircraft may be operated on the ground by any person
competent for that purpose. 4.
Whilst the
Aircraft is being transported by any means of conveyance except as the result
of an Accident giving rise to a claim under Section I of this Policy. 5.
Whilst the
Aircraft is landing on or taking off or attempting to do so from a place
which does not comply with the recommendations laid down by the manufacturer
of the Aircraft except as a result of force majeure.
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Contractual Liability
Numbers of passengers
Non-Contribution
Nuclear Risks
War, Hi-jacking, and other perils |
6.
To liability
assumed or rights waived by the Insured under any agreement (other than a
passenger ticket/baggage check issued under Section III hereof) except to the
extent that such liability would have attached to the Insured in the absence
of such agreement. 7.
Whilst the total
number of passengers being carried in the Aircraft exceeds the declared
maximum number of passengers stated in Part 2(4) of the Schedule. 8.
To claims which
are payable under any other policy or policies except in respect of any
excess beyond the amount which would have been payable under such other
policy or policies had this Policy not been effected. 9.
To claims excluded
by the attached Nuclear Risks Exclusion Clause. 10. To
claims caused by (a) War,
invasion, acts of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, martial law, military
or usurped power or attempts at usurpation of power. (b) Any
hostile detonation of any weapon of war employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter. (c) Strikes,
riots, civil commotions or labor disturbances. (d) Any
act of one or more persons, whether or not agents of a sovereign Power, for
political or terrorist purposes and whether the loss or damage resulting
therefrom is accidental or intentional. (e) Any
malicious act or act of sabotage, (f)
Confiscation,
nationalization, seizure, restraint, detention, appropriation, requisition
for title or use by or under the order of any Government (whether civil
military or de facto) or public or local authority. (g) Hi-jacking
or any unlawful seizure or wrongful exercise of control of the Aircraft or
crew in Flight (including any attempt at such seizure or control) made by any
person or persons on board the aircraft acting without the consent of the
Insured. Furthermore
this Policy does not cover claims arising whilst the Aircraft is outside the
control of the Insured by reason of any of the above perils.
The Aircraft shall
be deemed to have been restored to the control of the Insured on the safe
return of the Aircraft to the Insured at an airfield not excluded by the
geographical limits of this Policy, and entirely suitable for the operation
of the Aircraft (such safe return shall require that the Aircraft be parked
with engines shut down and under no duress).
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Due diligence
Compliance with Air Navigation Orders, etc.
Claims procedure
Claim control
Subrogation |
B) CONDITIONS PRECEDENT APPLICABLE TO ALL
SECTIONS It
is necessary that the Insured observes and fulfils the following Conditions
before the Insurers have any liability to make any payment under this Policy. 1.
The Insured shall at all times use due diligence and do and concur in doing
everything reasonably practicable to avoid accidents and to avoid or diminish
any loss hereon. 2.
The Insured shall comply with all air navigation and airworthiness orders and
requirements issued by any competent authority affecting the safe operation
of the Aircraft and shall ensure that (a) the Aircraft is airworthy at the
commencement of each Flight; (b) all Log Books and other records in
connection with the Aircraft which are required by any official regulations
in force from time to time shall be kept up to date and shall be produced to
the Insurers or their Agents on request; (c) the employees and agents of the Insured
comply with such orders and requirements. 3. Immediate notice of any event likely to
give rise to a claim under this Policy shall be given as stated in Part 8 of
the Schedule. In all cases the Insured shall (a) furnish full particulars in writing of such
event and forward immediately notice of any claim with any letters or
documents relating thereto; (b)
give notice of any impending prosecution; (c)
render such further information and assistance as the Insurers may reasonably
require; (d)
not act in any way to the detriment or prejudice of the interest of the
Insurers. The
Insured shall not make any admission of liability or payment or offer or
promise of payment without the written consent of the Insurers.
(C) GENERAL CONDITIONS APPLICABLE TO ALL
SECTIONS 1.
The Insurers shall be entitled (if they so elect) at any time and for so long
as they desire to take absolute control of all negotiations and proceedings
and in the name of the Insured to settle, defend or pursue any claim. 2. Upon an indemnity being given or a payment
being made by the Insurers under this Policy, they shall be subrogated to the
rights and remedies of the Insured who shall cooperate with and do all things
necessary to assist the Insurers to exercise such rights and remedies |
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Variation in
risk
Cancellation
Assignment
Non marine insurance
Arbitration
Two and more Aircraft
Limit(s) of Indemnity
False and fraudulent Claims |
1. Should there be any change in the
circumstances or nature of the risks which are the basis of this contract the
Insured shall give immediate notice thereof to the Insurers and no claim
arising subsequent to such change shall be recoverable hereunder unless such
change has been accepted by the Insurers. 2. This Policy may be cancelled by
either the Insurers or the Insured giving 10 days notice in writing of such
cancellation. If cancelled by the Insurers they will return a pro rata
portion of the premium in respect of the unexpired period of the Policy. If
cancelled by the Insured a return of premium shall be at the discretion of
the Insurers. There will be no return of premium in respect of any Aircraft
on which a loss is paid or is payable under this Policy. 3. This Policy shall not be assigned
in whole or in part except with the consent of the Insurers verified by
endorsement hereon6. 4. This Policy is not and the parties hereto
expressly agree that it shall not be construed as a policy of marine
insurance. 5. This Policy shall be construed in
accordance with English Law and any dispute or difference between the Insured
and the Insurers shall be submitted to arbitration in 6. When two or more Aircraft are
insured hereunder the terms of this Policy apply separately to each. 7. Notwithstanding the inclusion
herein of more than one Insured, whether by endorsement or otherwise, the
total liability of the Insurers in respect of any or all Insureds shall not
exceed the Limit(s) of Indemnity stated in this Policy. 8. If the Insured shall make any
claim knowing the same to be false or fraudulent as regards amount or
otherwise this Policy shall become void and all claims hereunder shall be
forfeited.
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D)
DEFINITIONS
1.
"ACCIDENT"
means any one accident or series of accidents arising out of one event.
2.
"UNIT"
means a part or an assembly of parts (including any sub-assemblies) of the
Aircraft which has been assigned an Overhaul Life as a part or an assembly.
Nevertheless, an engine complete with all parts normally attached when removed
for the purpose of overhaul or replacement shall together constitute a single
Unit.
3.
"OVERHAUL
LIFE" means the amount of use, or operational and/or calendar time which,
according to the Airworthiness Authority, determines when overhaul or
replacement of a Unit is required.
4.
"OVERHAUL
COST" means the costs of labor and materials which are or would be
incurred in overhaul or replacement (whichever is necessary) at the end of the
Overhaul Life of the damaged or a similar Unit.
5.
"PRIVATE
PLEASURE" means use for private and pleasure purposes but NOT use for any
business or profession nor for hire or reward.
6.
"BUSINESS"
means the uses stated in Private Pleasure and use for business or professional
purposes but NOT use for hire or reward.
7.
"COMMERCIAL"
means the uses stated in Private Pleasure and Business and use for the carriage
by the Insured of passengers, baggage accompanying passengers and cargo for
hire or reward.
8.
"RENTAL"
means rental, lease, charter or hire by the Insured to any person, company or organization
for Private Pleasure and Business uses only, where the operation of the
Aircraft is not under the control of the Insured. Rental for any other purpose
is NOT insured under this Policy unless specifically declared to Insurers and
the detail of such use(s) stated in Part 3 of the Schedule under SPECIAL RENTAL
USES.
9.
Definitions 5, 6, 7
and 8 constitute Standard Uses and do not include instruction, aerobatics,
hunting, patrol, fire-fighting, the intentional dropping, spraying or release
of anything, any form of experimental or competitive flying, and any other use
involving abnormal hazard, but when cover is provided details of such use(s)
are stated in Part 3 of the Schedule under SPECIAL USES.
10. ."FLIGHT"
means from the time the Aircraft moves forward in taking off or attempting to
take off, whilst in the air, and until the Aircraft completes its landing run.
A rotary-wing aircraft shall be deemed to be in Flight when the rotors are in
motion as a result of engine power, the momentum generated therefrom, or
autorotation
11. "TAXIING" means movement of the
Aircraft under its own power other than in Flight as defined above. Taxiing
shall not be deemed to cease merely by reason of a temporary halting of the
Aircraft.
12. "MOORED"
means, in the case of aircraft designed to land on water, whilst the Aircraft
is afloat and is not in Flight or Taxiing as defined above, and includes the
risks of launching and hauling up.
13. "GROUND"
means whilst the Aircraft is not in Flight or Taxiing or Moored as defined
above.
AVN
AVN 2A LONDON
AIRCRAFT INSURANCE POLICY PROPOSAL FORM
Proposer's
Name (in full)
................................................................................................................
Address.............................................................................................................................................
Business
or Occupation
.................................................................................................................
DETAILS
OF AIRCRAFT TO BE INSURED
AIRFRAME |
ENGINE(S) |
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Make,
Type & Series Number
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Year
of Construction
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Date
& No. of Current License or C. of A.
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Licensed
Passenger Seating Capacity
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Declared
Passenger Seating Capacity for the Purpose of Insurance
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Identification
Marks
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Number
and Type
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Price
of Aircraft & Date of Purchase |
Present
Value of Aircraft |
Details
of Extra Equipment and Accessories, if any
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Total
Declared Value for the purpose of Insurance |
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(including
Standard Instruments |
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Details |
Value |
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Please state fully:-
1.
Purposes for which
the Aircraft will be used
.............................................................
Will the Aircraft be flown at
night?...................................................................................
2.
Geographical limits for which insurance is required
..................................................
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3.
By whom will the maintenance be carried out?
...........................................................
............................................................................................................................................
4.
Where will the Aircraft usually be
kept?........................................................................
Is
this a licensed
airfield?...................................................................................................
Is
the Aircraft normally kept in a hangar? If so, state construction of
hangar .................
............................................................................................................................................
5.
Will the Aircraft be taxied by persons other than licensed pilot(s) or
qualified engineers?
..............................................................................................................................................
6.
Have you previously held an Aircraft Insurance Policy? If so, state name of
Insurers. .....
................................................................................................................................................
7.
Has any Insurer at any time:-
(a)
Declined your
proposal?..................................................................................................
(b)
Cancelled or refused to renew your Policy?
..................................................................
(c)
Required an increased premium or revised terms?
........................................................
8.
Have you entered into any agreement or contract with any other party whereby
liability is assumed or excluded in respect of the ownership or operation of
the Aircraft?...............
PLEASE STATE DETAILS
OF ALL ACCIDENTS AND/OR LOSSES DURING THE LAST FIVE YEARS
Year |
No. of Aircraft
owned and/or operated by Proposer |
Damage to Aircraft |
Third Party &
Passenger Liability |
Circumstances of
Loss |
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No. of Accidents |
Cost or Estimate |
No. of Accidents |
Cost or Estimate |
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ENTER
BELOW FLYING RECORD OF PILOTS BY WHOM THE AIRCRAFT WILL BE FLOWN
Name |
Age |
Types of Acft flown and date
of last flight |
Flying hours |
Licence |
Nature and Cause
of Accidents during last five years |
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Day |
Night |
Last 12 mths |
No. |
Date of issue |
Type |
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DETAILS OF INSURANCE REQUIRED
(Delete where not applicable)
Section
I. ACCIDENTAL DAMAGE.
(a) Flight Risks. (b) Taxying Risks.
(c)
Ground Risks.
(d)
Mooring Risks (Waterborne).
Section II.
THIRD PARTY LEGAL LIABILITY.
Limit
of Indemnity
............................................................................each
Accident
Section
III *LEGAL LIABILITY TO PASSENGERS.
Limit of Indemnity each
person...............................................................................
Limit of Indemnity each person for
baggage and personal articles.......................
*The
limit of indemnity for each ACCIDENT equals the indemnity each person
multiplied by the declared passenger seating capacity of the Aircraft.
Period
for which insurance is
required....................................................................
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I/WE
warrant that the aforementioned Aircraft is/are my/our property and the
statements and particulars given are true, and that no material information has
been withheld or suppressed, and I/we agree to accept a Policy subject to the
terms, exclusions and conditions prescribed therein.
Date
..................................................................
Signature of Proposer (s).............................................
The
completion of this Proposal Form in no way binds the Proposer to complete an
Insurance. Insurers reserve to themselves the right to decline any proposal
without assigning a reason.
AVN 2A 1.10.96
AVIATION
CANCELLATION SCALE
(applicable
to Annual Policies)
1 month on risk...
....... ... . 20% annual premium 2 months on risk
... ..... .....30% annual premium 3 months on risk
... ..... .....40% annual premium 4 months on risk
... ..... ... .50% annual premium 5 months on risk... ...... .....60% annual premium |
6 months on
risk... ... .. ... .70% annual premium 7 months on risk
... ... .. ....75% annual premium 8 months on risk
... ... .. .....80% annual premium 9 months on risk... ... ... . ...85% annual premium |
Over
9 months equivalent to Annual.
US SHORT RATE CANCELLATION TABLE
Days Per
Cent Days Per cent
Insurance of
one Insurance of one
in Force Year
Premium in Force Year Premium
1.................................................................... 5 154-156...................................................................... 53
2.................................................................... 6 157-160 54
3- 4.................................................................... 7 161-164 55
5- 6.................................................................... 8 165-167 56
7- 8.................................................................... 9 168-171 57
9- 10.................................................................. 10 172-175 58
11- 12.................................................................. 11 176-178 59
13- 14.................................................................. 12 179-182 (6 months) 60
15- 16.................................................................. 13 183-187 61
17- 18.................................................................. 14 188-191 62
19- 20.................................................................. 15 192-196 63
21- 22.................................................................. 16 197-200 64
23- 25.................................................................. 17 201-205 65
26- 29.................................................................. 18 206-209 66
30- 32
(1 month)................................................. 19 210-214 (7 months) 67
33- 36.................................................................. 20 215-218 68
37- 40.................................................................. 21 219-223 69
41- 43.................................................................. 22 224-228 70
44- 47.................................................................. 23 229-232 71
48- 51.................................................................. 24 233-237 72
52- 54.................................................................. 25 238-241 73
55- 58.................................................................. 26 242-246 (8 months) 74
59- 62
(2 months)............................................... 27 247-250 75
63- 65.................................................................. 28 251-255 76
66- 69.................................................................. 29 256-260 77
70- 73.................................................................. 30 261-264 78
74- 76.................................................................. 31 265-269 79
77- 80.................................................................. 32 270-273 (9 months) 80
81- 83.................................................................. 33 274-278 81
84- 87.................................................................. 34 279-282 82
88- 91
(3 months)............................................... 35 283-287 83
91- 94.................................................................. 36 288-291 84
95- 98.................................................................. 37 292-296 85
99-102................................................................. 38 297-301............................................................................ 86
103-105................................................................ 39 302-305 (10 months) 87
106-109................................................................ 40 306-310............................................................................. 88
110-113................................................................ 41 311-314............................................................................. 89
114-116................................................................ 42 315-319............................................................................. 90
117-120................................................................ 43 320-323............................................................................. 91
121-124 (4 months)............................................. 44 324-328............................................................................. 92
125-127................................................................ 45 329-332............................................................................. 93
128-131................................................................ 46 333-337 (11 months)............................................................................. 94
132-135................................................................ 47 338-342............................................................................. 95
136-138................................................................ 48 343-346............................................................................. 96
139-142................................................................ 49 347-351............................................................................. 97
143-146................................................................ 50 352-355............................................................................. 98
147-149................................................................ 51 356-360............................................................................. 99
150-153 (5 months)............................................. 52 361-365 (12 months) 100
AVN 4A CANADIAN SHORT RATE
CANCELLATION TABLE FOR INSURANCES WRITTEN FOR ONE YEAR
Days Insurance in Force |
Per cent of One Year Premium |
Days Insurance in Force |
Per cent of One Year Premium |
|
1
........................................................ 2 2 ............................. .......................... 4 3 ..................
.....................................
5 4 ................
.......................................
6 5
........................................................ 7 6
........................................................ 8 7
....................................................... 9 8 .............................
........................... 9 9
........................................................ 10 10
....................................................... 10 11
...................................................... 11 12
................... ................................... 12 13
....................................................... 13 14
....................................................... 13 15
.................. .................................... 14 16
.................. .................................... 14 17
.................. .................................... 15 18
.................. .................................... 16 19
....................................................... 16 20
....................................................... 17 25
................... ................................... 19 30 Or 1
month.....................................
20 35
........................................................ 23 40
........................................................ 26 45
........................................................ 27 50
................... .................................... 28
|
55
......................................................... 29 60 Or 2 months.
...................................
30 65
......................................................... 33 70
......................................................... 36 75
........................................................ 37 80
........................................................ 38 85
........................................................ 39 90 Or 3
months......................................
40 105
....................................................... 45 120 Or 4
months...................................
50 135
...................................................... 55 150 Or 5
months....................................
60 165
...................................................... 65 180 Or 6
months... ...............................
70 195
....................................................... 73 210 Or 7
months.. .................................
75 225
...................................................... 78 240 Or 8
months.. .................................
80 255
........................................................ 83 270 Or 9
months. ..................................
85 285
....................................................... 88 300 Or 10
months. .................................
90 315
....................................................... 93 330 Or 11
months.. ................................
95 360 Or 12
months.... ............................... 100
|
|||
When a Policy is cancelled and
the percentage for the exact period for which it has run is not shown in the
above Table the next highest percentage shall be used for the purpose of
calculating the Earned Premium.
COMPONENT
PARTS CLAUSE
It is understood and agreed that in the event of loss
or damage to any Component Part of the Aircraft detailed below Insurers'
liability shall not exceed the percentage of the total value of the Aircraft as
shown in the Policy Schedule relating to that Component Part as shown on the
Scale attached to this Clause. Such percentage shall include the cost of
labour, material, replacement part, transportation and other incidental charges
incurred in reinstating such loss or damage but, the cost of transportation
shall not exceed 15 per cent of the total value set against the Component Part.
The Insurers will in addition pay the cost of
dismantling, inspecting, reassembling and transportation of undamaged parts as
may be necessary and the test flying of the Aircraft up to 5 per cent of any
admitted claim hereunder but not exceeding 2 per cent of the value of the
Aircraft as stated in the Policy Schedule. Provided always that the total
liability of the Insurers shall not exceed the value of the Aircraft as stated
in the Policy Schedule.
In the event that a Component Part is no longer
available the liability of the Insurers shall be limited to the percentage
values as detailed on the attached Scale or the manufacturer's last published
list price for such Component Part whichever is the lesser.
It is
understood and agreed that, except as specifically provided in the foregoing to
the contrary, this Clause is subject to the terms, exclusions, conditions and
limitations of the Policy to which -it is attached.
Aircraft ………………………………………………….. Registration …………………………………
AVN 4A 4.2.02
SPECIMEN
Aircraft …………………………
Registration..................................
SCALE
SPECIFIED COMPONENT
|
QUANTITY
|
PERCENTAGE OF AIRCRAFT VALUE
|
|
|
|
EACH
|
ALL
|
AVN 4A 4.2.02
AVN
5A DEFERRED PREMIUMS
It is hereby understood and
agreed that the premium shall be paid in the following installments:-
.......................................................................................
.......................................................................................
.......................................................................................
Nevertheless it is further
understood and agreed that:-
Notwithstanding
any provision as to notice of cancellation contained in this Policy, it is a
condition that in the event of any installment not being paid by its due date
the cover afforded by this Policy shall be deemed to have ceased at midnight of
such due date.
In
the event of a claim hereunder which exceeds the installments of premium paid
on this Policy the installments of premium then outstanding shall become
payable forthwith.
AVN 5A 9.10.74
AVN
6A PREMIUM PAYMENT CLAUSE
1)
It is understood and
agreed that the premium due at the inception of this Policy shall be payable in
the following installments:
..........................................................................
..........................................................................
2)
In the event of a
claim hereunder which exceeds the installments of premium paid on this Policy,
the installments of premium then outstanding shall become payable forthwith.
3)
Notwithstanding any
cancellation provision contained within the Policy, in the event that an
installment of premium is not paid by its due date Insurers shall have the
right to terminate the cover afforded by the Policy to the Insured and any
other party(ies) protected thereby, whether by endorsement or otherwise, by the
giving of not less than Thirty (30) days notice in writing to the Appointed
Broker. Notice shall be deemed to commence from the date such notice is given
by the Insurers.
Appointed Broker:
AVN 6A 17.10.96
AVN 8 FULL
PREMIUM IF LOST
It is understood and agreed that
in the event of a claim arising hereunder adjustable on the basis of a Total
Loss the Full Annual Premium of , less the
amount of premium already paid, shall become due and payable forthwith.
AVN 8 1.10.96
AVN
9 FULL PREMIUM IN THE EVENT OF A CLAIM
EXCEEDING PREMIUM PAID
It is understood and agreed that
in the event of a claim arising hereunder which exceeds the premium paid the
balance of the Full Annual Premium of shall become due and payable forthwith.
AVN 9 1.10.96
AVN
11A 15% TRANSPORTATION COSTS CLAUSE
It is understood and agreed that
in the event of the Aircraft sustaining damage covered under the Aircraft loss
or physical damage Section of this Policy the liability of the Insurers for
Transportation Costs shall not exceed 15% of the Admitted Cost of repairing
such damage. Provided always that any amount payable under this Clause shall
not increase the limit of the Insurers' liability beyond the value of the
Aircraft as stated in the Policy Schedule.
For the purpose of this Clause
1.
"Transportation Costs"
shall be deemed to mean the aggregate of the cost of
(a) removing the
Aircraft to a repair site;
(b) transporting
such labor, replacement parts, material and equipment as may be required to
make good damage covered by this Policy;
(c) returning the
Aircraft from the repair site to the airfield nearest to the place of accident
or to its home airfield, whichever may be the nearer.
In all cases the liability of
the Insurers shall be limited to the cost of transportation by the least
expensive means which in respect of the transportation of labor shall take into
account wages and subsistence payable during transit.
2. The "Admitted Cost" of repairing
the damage shall be deemed to mean the aggregate of the cost of
(d) labor;
(e) replacement parts and material (ex the nearest
place where such parts and material are normally stocked) to make good the
damage covered by this Policy, including the cost of any necessary dismantling
required for inspection and repairs;
(f) reassembly.
It is understood and agreed
that, except as specifically provided in the foregoing to the contrary, this
Clause is subject to the terms, exclusions, conditions and limitations of the
Policy to which it is attached.
AVN 11A 4.2.02
AVN
14 LIMITATION OF LIABILITY CLAUSE (JOINT
INSUREDS)
Notwithstanding the inclusion
herein of more than one Insured, whether by endorsement or otherwise, the total
liability of the Insurers in respect of any or all Insureds shall not exceed
the limit(s) of liability stated in this Policy.
AVN
14 1.10.96
AVN
15 LIMITATION OF LIABILITY ENDORSEMENT
(ADDITIONAL INSUREDS)
It
is hereby understood and agreed that this Insurance is extended to cover the
under mentioned as additional Insured(s), but only in respect of the coverage
provided under this Policy.
It
is further understood and agreed that notwithstanding the inclusion herein of
more than one Insured, the total liability of the Insurers in respect of any or
all Insureds shall not exceed the limit(s) of liability stated in this Policy.
Subject
otherwise to all the terms, conditions, exclusions and limitations of the
Policy.
In
consideration of the foregoing the sum of
.......................................... is paid hereon as an additional
premium.
Additional
Insured(s):
AVN 15 1.10.96
AVN 16 LLOYD'S AIRCRAFT HULL POLICY (U.S.A.)
(Approved by Lloyd’s Aviation Underwriters’
Association)
WE, UNDERWRITERS AT LLOYDS, London, agree with the
Insured, named in the Declarations made a part hereof, in consideration of the
payment of the premium and in reliance upon the statements in the Declarations
and subject to the limits of liability, Exclusions, Conditions and other Terms
of this Policy:-
INSURING AGREEMENTS
1. COVERAGE
A – FLIGHT, TAXING, ON THE GROUND OR MOORED.
To pay for direct physical loss of or damage to the
aircraft including disappearance if the aircraft is unreported for sixty (60)
days after the commencement of flight but only for the amount of each separate
loss less the applicable deductible stated in Item 3 of the Declarations.
2. COVERAGE
B – TAXING, ON THE GROUND OR MOORED.
To pay for direct physical loss of or damage to the
aircraft while not in flight but only for the amount of each separate loss less
the applicable deductible stated in Item 3 of the Declarations.
3. COVERAGE
C – ON THE GROUND OR MOORED.
To pay for direct physical loss of or damage to the
aircraft while not in flight or taxying but only for the amount of each
separate loss less the applicable deductible stated in Item 3 of the
Declarations.
4. POLICY
PERIOD, TERRITORY, PURPOSES OF USE.
This Policy applies only to direct physical loss of or
damage to the aircraft which is sustained during the Policy period while the
aircraft is within the Continental limits of the United States of America
(excluding Alaska), Canada, or the Republic of Mexico, or is being transported
between ports thereof, and is owned, maintained and used for the purpose stated
as applicable thereto in the Declarations.
5. TWO
OR MORE AIRCRAFT.
When two or more aircraft are insured hereunder the
terms of this Policy shall apply separately to each.
EXCLUSIONS
THIS POLICY DOES NOT APPLY:–
(a)
to loss of use, depreciation, or deterioration; nor to
any damage which is due and confined to wear and tear, freezing, mechanical,
structural, electrical, hydraulic or pneumatic breakdown or failure, but this
exclusion shall not apply to (1) other loss or damage covered by this Policy
resulting from such wear and tear, freezing, mechanical, structural,
electrical, hydraulic or pneumatic breakdown, (2) such loss or damage by wear
and tear, freezing, mechanical, structural, electrical, hydraulic or pneumatic
breakdown or failure which results directly from other loss covered by this
Policy.
(b)
to loss or damage due to (1) capture, seizure, arrest,
restraint or detention or the consequences thereof or of any attempt thereat,
or any taking of the property insured or damage to or destruction thereof by
any Government or Governmental or Civil Authority or agent (whether secret or
otherwise) or by any military, naval or usurped power, whether any of the
foregoing be done by way of requisition or otherwise and whether in time of
peace or war and whether lawful or unlawful; (2) war, invasion, civil war,
revolution, rebellion, insurrection or warlike operations, whether there be a
declaration of war or not; (3) strikes, riots or civil commotions.
(c)
to loss or damage due to wrongful conversion,
embezzlement or secretion of the aircraft by any person in lawful possession
thereof under a licence, lease, mortgage, conditional sale or other agreement,
or under an agreement with the Insured, whether written, oral or implied.
(d)
while the aircraft is in flight unless its
Airworthiness Certificate is in full force and effect.
(e)
while the aircraft is used for any unlawful purpose or
is operated otherwise than in compliance with the terms of its Airworthiness
Certificate and the approved operating limitations contained in its Airplane
Flight Manual or other documents associated with the Airworthiness Certificate,
or is being operated by any person other than the pilot(s) stated in Item 5 of
the Declarations (other than taxying by certificated pilots or licensed
mechanics) or is operated by any such person in violation of the terms and
limitations of his Pilot's Certificate or Medical Certificate, as issued by the
appropriate authority.
(f)
if the total number of passengers carried in the
Aircraft at the time of the happening of any loss or damage exceeds the
Declared Maximum Number of Passengers stated in Item 3 of the Declarations
(g)
while with the knowledge and consent of the Insured or
of any executive officer or partner if the Insured be a corporation or
partnership the aircraft is being operated in violation of the Civil Air
Regulations applying to acrobatic flying, instrument flying, repairs,
maintenance, inspection, alterations and night flying.
(h)
while the aircraft is used for any purpose other than
as stated in the Declarations.
(i)
while the aircraft is being used for or in connection
with any race, speed or endurance test, any attempt at record breaking,
acrobatic flying, crop dusting, spraying, seeding, fertilisation, hunting, bird
or fowl herding, unless such use is declared in (D) of Item 4 of the
Declarations; or any use in respect to which a waiver or special authority
issued by the Civil Aeronautics Authority or the appropriate Authority is
required, whether granted or not.
(j)
while the aircraft is changed or converted into a type
other than stated in the Declarations.
(k)
following a transfer of the interest of the Insured in
the aircraft without the written consent of the Underwriters; or whilst the
aircraft is subject to any lien, mortgage or other encumbrance not specifically
declared and described in this Policy.
DEFINITIONS
"AIRCRAFT".
The word "Aircraft" wherever used in this Policy, shall mean
the aircraft described herein, and in addition to the airframe shall include
power plants, propellers, rotors and appliances forming part of the aircraft at
the inception of coverage hereunder, including parts detached and not replaced
by other similar parts.
"IN FLIGHT".
The aircraft shall be deemed to be in flight from the time the aircraft
moves forward in taking off or in attempting to take off for air transit, while
in the air and until the aircraft comes to rest after landing or, the landing
run having been safely completed, power is applied for taxying. A rotorcraft
shall be deemed to be in flight when the rotors are in motion.
"TAXYING" shall mean while the aircraft is
moving under its own power or momentum generated thereby other than in flight
as defined, but in the case of water alighting aircraft "Taxying"
shall be deemed to mean while the aircraft is afloat and is not "In
Flight" or "Moored".
"MOORED" shall mean while the aircraft is
afloat and made fast to its moorings, or is being launched or hauled up.
"CIVIL AERONAUTICS AUTHORITY" shall mean the
duly constituted Authority of the government of the United States of America,
or the authority of the recognised government of any other country in which
this policy may apply, having jurisdiction over Civil Aviation.
CONDITIONS
1. INSURED'S
DUTIES WHEN LOSS OCCURS.
When loss occurs, the Insured
shall
(a)
take all reasonable measures to protect the aircraft,
whether or not the loss is covered by this Policy, and any further loss due to
the Insured's failure to do so shall not be recoverable under this Policy;
reasonable expense incurred in affording such protection, provided the loss is
covered by this Policy, shall be deemed incurred at the Underwriters' request.
(b)
give notice thereof as soon as practicable to the
Underwriters and also in the event of theft, larceny, robbery, pilferage or
vandalism, to the Police. The Underwriters shall not be responsible for the
payment of a reward offered for the recovery of the insured property unless authorized
by the Underwriters or their representatives.
(c)
file proof of loss with the Underwriters'
representatives within sixty (60) days after the occurrence of loss, unless
such time is extended in writing by the Underwriters, in the form of a sworn
statement of the Insured setting forth the interest of the Insured and of all
others in the property affected, any encumbrances thereon, the actual cash
value thereof at the time of loss; the amount, place, time and cause of such
loss, the amount of all insurance whether valid and collectible or not,
covering said property; and the Insured as often as required shall submit to
examination under oath by any person named by the Underwriters and subscribe
the same; upon the request of the Underwriters the insured shall exhibit the
damaged property to the Underwriters or their representatives, and as often as
required shall produce for examination all logbooks, and all books of accounts,
bills, invoices, and other vouchers, or certified copies thereof if the
originals be lost, at such reasonable place as may be designated by the
Underwriters or their representatives and shall permit extracts and copies
thereof to be made.
2. ASSISTANCE
AND CO-OPERATION OF THE INSURED.
The Insured shall co-operate with the Underwriters
and, upon the Underwriters' request, shall attend hearings and trials and shall
assist in effecting settlements, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of suits. The Insured shall not,
except at his own cost, voluntarily make any payment, assume any obligation or
incur any expense.
3. LIMIT
OF LIABILITY; SETTLEMENT OPTIONS; NO ABANDONMENT.
The liability of the Underwriters for direct physical
loss of or damage to the aircraft shall not exceed the amount of insurance set
out in the Declarations, less the applicable deductible, nor what it would cost
to repair or replace the aircraft or parts thereof with other of like kind and
quality, and without compensation for loss of use. The Underwriters may pay for
the loss in money or may repair or replace the aircraft or parts thereof, as
aforesaid, or may return any stolen property with payment for any resultant
damage thereto at any time before the loss is paid or the property is so
replaced, or may take all or such part of the aircraft at the agreed or
appraised value, but there shall be no abandonment to the Underwriters.
In the case of partial physical loss of or damage to
the aircraft when repairs are effected by the Insured the liability of the
Underwriters shall not exceed the actual cost of any parts or materials
necessary to effect repairs or replacement plus 150% of the actual cost of labour to the Insured without any further
allowance for overhead or overtime; when the repairs are made by other than the
Insured, the actual costs as evidenced by bills rendered to the Insured, less
any discount granted to the Insured, excluding cost of overtime and its related
overhead unless previously agreed to by the Underwriters. The amount of such
loss shall include the cost of transporting new or damaged parts or of
transporting the damaged aircraft to the place of repair and subsequent return
to the airport nearest to the place of accident, or home airport, whichever be
the nearer, but shall be limited to the least expensive method of reasonable
transportation.
In no event shall the liability of the Underwriters
for partial physical loss of or damage to the aircraft exceed the amount for
which the Underwriters would be liable were the loss payable as a total loss.
4. SUBSTITUTIONS.
Power plant and/or propellers and/or rotors and/or
appliances of like make or type may be substituted. The value of any such
installed substituted item shall not exceed the value of the item originally
installed unless endorsed hereon and any required additional premium paid
hereon.
5. APPRAISAL.
If the Insured and the Underwriters fail to agree as
to the amount of loss, each shall, on the written demand of either, made within
sixty days after receipt of proof of loss by the Underwriters, select a
competent and disinterested appraiser, and the appraisal shall be made at a
reasonable time and place. The appraisers shall first select a competent and
disinterested umpire, and failing for fifteen days to agree upon such umpire,
then on request of the Insured or the Underwriters, such umpire shall be selected
by a judge of a court of record in the county and state in which such appraisal
is pending. The appraisers shall then appraise the loss, stating separately the
actual cash value at the time of the loss and the amount of loss in respect of
each item, and failing to agree, shall submit their differences to the umpire.
An award in writing of any two shall determine the amount of loss. The Insured
and the Underwriters shall each pay his or their chosen appraiser and shall
bear equally the other expenses of the appraisal and umpire.
The Underwriters shall not be held to have waived any
of their rights by any act relating
to appraisal.
6. OTHER
INSURANCE.
If there be other insurance against loss or damage
covered by this Policy, the Underwriters shall not be liable under this Policy
for a greater proportion of such loss or damage than the amount of insurance
stated in the Declarations bears to the total amount of valid and collectible
insurance against such loss or damage.
7. NO
BENEFIT TO BAILEE.
The insurance afforded by this Policy shall not enure
directly or indirectly to the benefit of any carrier or bailee.
8. REINSTATEMENT.
In the event of loss whether or not covered by this
Policy the amount of insurance in respect to any aircraft shall be reduced as
of the time and date of loss by the amount of such loss and such reduced value
shall continue until repairs are commenced. The insurance shall then be
increased by the value of the completed repairs until the amount of insurance
is fully reinstated or the Policy has expired.
9. SUBROGATION.
In the event of any payment under this Policy, the
Underwriters shall be subrogated to all the Insured's rights of recovery
therefor against any person or organisation and the Insured shall execute and
deliver instruments and papers and do whatever else is necessary to secure such
rights. The Insured shall do nothing after loss to prejudice such rights.
10. CHANGES.
Notice to any agent or knowledge possessed by any
agent or by any other person shall not effect a waiver or a change in any part
of this Policy or estop the Underwriters from asserting any right under this
Policy; nor shall any part of this Policy be waived or changed, except by
endorsement signed by the Underwriters and issued to form part of this Policy.
11. ASSIGNMENT.
This Policy shall not be assigned in whole or in part
except with the consent of the Underwriters verified by endorsement signed by
the Underwriters and issued to form part of this Policy; if, however, the
Insured shall die or be adjudged bankrupt or insolvent within the Policy
period, this Policy, unless cancelled, shall, if written notice be given to the
Underwriters within thirty days after the date of such death or adjudication,
cover the Insured's legal representative as the Insured.
12. CANCELLATION.
This Policy may be cancelled by the Insured by
surrender thereof or by mailing to the Underwriters written notice stating when
thereafter such cancellation shall be effective. This Policy may be cancelled
by the Underwriters by mailing to the Insured at the address shown in this
Policy written notice stating when not less than ten days thereafter such
cancellation shall be effective. The mailing of notice as aforesaid shall be
sufficient proof of notice and the effective date and hour of cancellation stated
in the notice shall become the end of the Policy period. Delivery of such
written notice either by the Insured or by the Underwriters shall be equivalent
to mailing.
If the Insured cancels, earned premiums shall be
computed in accordance with the customary short rate table and procedure. If
the Underwriters cancel, earned premiums shall be computed pro-rata. Premium
adjustment may be made at the time cancellation is effected and, if not then
made, shall be made as soon as practicable after cancellation becomes
effective. The Underwriters' check or the check of their representative mailed
or delivered as aforesaid shall be sufficient tender of any refund of premium due
to the Insured.
No Return Premium shall be paid to the Insured as to
any aircraft on which a loss under this Policy, adjustable on the basis of a
total loss, has occurred.
13. TERMS
OF POLICY CONFORMED TO STATUTE.
Terms of this Policy which are in conflict with the
statutes of the state wherein this Policy has application are hereby amended to
conform to such statutes.
14. ACTION
AGAINST UNDERWRITERS.
No action shall lie against the Underwriters unless as
a Condition precedent thereto the Insured shall have fully complied with all
the terms of this Policy nor until sixty days after proof of loss shall have
been filed and the amount of loss shall have been determined as provided in
this Policy nor unless such action shall have been commenced within twelve
months next after the happening of the loss.
15. SERVICE
OF SUIT.
It is agreed that in the event of the failure of the
Underwriters to pay any amount claimed to be due hereunder, the Underwriters,
at the request of the Insured, will submit to the jurisdiction of any court of
competent jurisdiction within the United States and will comply with all
requirements necessary to give such Court jurisdiction and all matters arising
hereunder shall be determined in accordance with the law and practice of such
Court.
It is further agreed that service of process in such
suit may be made upon
.............................................................................................................................,
and that in any suit instituted against any one of them upon this Policy, the
Underwriters will abide by the final decision of such Court or of any Appellate
Court in the event of an appeal.
The above-named are authorized and directed to accept
service of process on behalf of the Underwriters in any such suit and/or upon
the request of the Insured to give a written undertaking to the Insured that
they will enter a general appearance upon the Underwriters' behalf in the event
such a suit shall be instituted.
Further, pursuant to any statute of any state,
territory or district of the United States which makes provision therefor, the
Underwriters hereby designate the Superintendent, Commissioner or Director of
Insurance or other officer specified for that purpose in the statute or his
successor or successors in office, as their true and lawful attorney upon whom
may be served any lawful process in any action, suit or proceeding instituted
by or on behalf of the Insured or any beneficiary hereunder arising out of this
Policy and hereby designate the above-named as the person to whom the said
officer is authorized to mail such process or a true copy thereof.
16. SCHEDULE
OF STATEMENTS.
By acceptance of this Policy the Insured agrees that
the statements in the Declarations are his agreements and representations, that
this Policy is issued in reliance upon the truth of such representations and
that this Policy embodies all agreements existing between himself and the
Underwriters relating to this insurance.
17. MISREPRESENTATION
AND FRAUD.
This Policy shall be void if the Insured has concealed
or misrepresented any material fact or circumstance whether under the
Declarations or not concerning this insurance or the subject thereof or in the
case of any fraud, attempted fraud or false swearing by the Insured touching
any matter relating to this insurance or the subject thereof, whether before or
after a loss.
DECLARATIONS
ITEM 1.
Name of
Insured
.................................................................................................................................
(hereinafter
referred to as the Insured.)
Address
...............................................................................................................................................
Business or Occupation of the Insured is
......................................................................................
The Insured's interest in the Aircraft is that of
....................................................................................
Amount of Mortgage or Encumbrance, if any, $
...............................................................................
If the aircraft is mortgaged or encumbered any loss
covered hereunder is payable as interest may appear to the Insured and
.........................................................................................................................................
ITEM 2.
The period of
insurance hereunder begins on the ............................................................................
and ends on the ......................(both at
ITEM 3.
The insurance afforded is only with respect to such
and so many of the following coverages as are indicated by specific premium
charge or charges. The limit of
Underwriters' liability against each such coverage shall be the amount of
insurance as stated herein, (less the stated deductible each loss each
aircraft) subject to all the terms of the Policy having reference thereto;
COVERAGES (As described in the Insuring Agreements)
(A) Flight,
Taxying, On the Ground or Moored.
(B) Taxying,
On the Ground or Moored.
(C) On the
Ground or Moored.
DESCRIPTION OF AIRCRAFT AND AMOUNT OF INSURANCE
Identification Marks. |
Category. |
Year built,
Make, Model, Serial No. |
Type* |
|
|
|
|
|
|
|
|
|
|
|
|
* Landplane,
seaplane, skiplane, amphibian or rotorcraft.
Engine, H.P., Make, Model. |
Amount of
Insurance. |
Declared
Maximum Number of Passengers to be carried at any one time. |
Coverage. (A, B or C) |
PREMIUM. |
|
|
|
|
$ |
|
|
|
|
$ |
TOTAL
PREMIUM $
DEDUCTIBLES
Flight $ }
Taxying $ } Not applicable to Total Loss of the Aircraft.
Ground $ }
Moored $ } Not applicable to Total Loss of the Aircraft,
or fire or theft.
In the case of rotorcraft the Flight Deductible shall
apply while the rotors are in motion.
ITEM 4.
USE: The
purposes for which the aircraft will be used are (Indicate those required.)
(A) □ "BUSINESS AND PLEASURE"
(B) □ "INDUSTRIAL AID"
(C) □ "LIMITED COMMERCIAL"
(D) □ "COMMERCIAL",
including special uses (See (D) below)
......................................................................................................................................................................
.......................................................................................................................................................................
(A) |
"BUSINESS AND PLEASURE" shall mean
personal, pleasure, family and business use, excluding any operation for hire
or reward, or for instruction. |
(B) |
"INDUSTRIAL AID" shall mean all the uses
stated in (A) also the transportation of executives, employees, guests of the
Insured, goods and merchandise, but excluding any operation for hire or
reward, or for instruction. |
(C) |
"LIMITED COMMERCIAL" shall mean all the
uses stated in (A) and (B) also the carriage of passengers and freight for
hire or reward, but excluding any form of instruction or rental to others. |
(D) |
"COMMERCIAL" shall mean the uses stated in
(A), (B) and (C) also use for any other
purpose as specifically declared above. |
ITEM 5.
The Aircraft
will be operated in flight only by the following pilot(s):
Name |
Certificate
and Number |
Pilot and
Aircraft Ratings |
|
|
|
ITEM 6.
No Insurer has
ever cancelled or declined to issue or renew, any aircraft insurance to the
Insured, except as follows:
...........................................................................................................................................................
.............................................................................................................................................................
AVN 16 6.11.56
AVN
17 ADDITIONS AND DELETIONS
(Applicable to
Hull only)
1. The insurance
afforded by this Policy is automatically extended to include at pro rata
additional premium further Aircraft added during the currency of this Policy
provided such Aircraft are owned or operated by the Insured and are of the same
type and value as Aircraft already covered hereunder.
2. The inclusion
of additional Aircraft of other types or different values shall be subject to
special agreement and rating by Insurers prior to attachment.
3. Aircraft which
have been sold or disposed of shall be deleted from this Policy and the Insured
shall be entitled to pro rata return of premium provided no claim has arisen
and become payable under this Policy in respect of such Aircraft, and that this
Policy is not cancelled by virtue of such deletion.
ALWAYS PROVIDED THAT:-
(i)
Notwithstanding the foregoing
provisions for additions and deletions the premium in respect of each separate
period of Flight Risk Insurance on any Aircraft covered during the currency of
this Policy shall in no case be less than fifteen days' pro rata premium.
(ii)
In the event of a claim arising
in respect of any Aircraft added hereto being settled on a total loss basis
full twelve months' premium shall be paid hereunder in respect of such
Aircraft.
(iii) Notice of the
addition or deletion of any Aircraft under the provisions of Paragraphs 1 and 3
respectively shall be given to the Insurers or their representatives in writing
within ten days of attachment or deletion.
AVN 17A 1.10.96
AVN
18A ADDITIONS AND DELETIONS
(Applicable to
Liability only)
1. The insurance afforded by this
Policy is automatically extended to include at pro rata additional premium
further Aircraft added during the currency of this Policy provided such
Aircraft are owned or operated by the Insured and are of the same type as
Aircraft already covered hereunder and of no greater seating capacity.
2. The inclusion of additional
Aircraft of other types or greater seating capacity shall be subject to special
agreement and rating by Insurers prior to attachment.
3. Aircraft which have been sold
or disposed of shall be deleted from this Policy and the Insured shall be
entitled to pro rata return of premium.
4. Notwithstanding the foregoing
provisions for additions and deletions the premium in respect of each separate
period of Flight Risk Insurance on any Aircraft covered during the currency of
this Policy shall in no case be less than fifteen days' pro rata premium.
5. Notice of the addition or
deletion of any Aircraft under the provisions of Paragraphs 1 and 3
respectively shall be given to the Insurers or their representatives in writing
within ten days of attachment or deletion.
AVN 18A 1.10.96
AVN 19A ADDITIONS AND DELETIONS
(Combined)
1.
The insurance afforded by this Policy is automatically
extended to include at pro rata additional premium further Aircraft added
during the currency of this Policy provided such Aircraft are owned or operated
by the Insured and are of the same type and value as Aircraft already covered
hereunder and of no greater seating capacity.
2.
The inclusion of additional Aircraft of other types or
different values or greater seating capacity shall be subject to special
agreement and rating by Insurers prior to attachment-.'
3.
Under the Aircraft loss or physical damage Section of
this Policy Aircraft which have been sold or disposed of shall be deleted from
this Policy and the Insured shall be entitled to pro rata return of premium
provided no claim has arisen and become payable in respect of such Aircraft
under the Aircraft loss or physical damage Section of this Policy and that this
Policy is not cancelled by virtue of such deletion.
4.
Under the liability Section(s) of this Policy Aircraft
which have been sold or disposed of shall be deleted from this Policy and the
Insured shall be entitled to pro rata return of premium
5.
Provided always that
(i)
Notwithstanding the foregoing provisions for additions
and deletions the premium in respect of each separate period of Flight risk
insurance on any Aircraft covered during the currency of this Policy shall in
no case be less than fifteen days' pro rata premium.
(ii)
In the event of a claim arising in respect of any
Aircraft added hereto being settled on<a total loss basis the full twelve
months' Aircraft loss or physical damage premium shall be paid hereunder in
respect of such Aircraft.
(iii)
Notice of the addition or deletion of any Aircraft
under the provisions of Paragraphs 1, 3 and 4 respectively shall be given to
the Insurers or their representatives in writing within ten days of attachment
or deletion.
AVN 19A 18.3.02
AVN 20 LLOYD'S AIRCRAFT LIABILITY POLICY (U.S.A.)
............................................................................................................................................
WE,
UNDERWRITERS AT LLOYD'S, London, agree with the Insured, named in the
Declarations made a part hereof, in consideration of the payment of the premium
and in reliance upon the statements in the Declarations and subject to the
limits of liability, Exclusions, Conditions and other Terms of this Policy.
INSURING
AGREEMENTS
I. COVERAGE A—BODILY INJURY LIABILITY
(EXCLUDING PASSENGERS)
To
pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages, including damages for care and loss of services,
because of bodily injury, sickness or disease, including death at any time
resulting therefrom, sustained by any person, excluding any passenger, caused
by an occurrence and arising out of the ownership, maintenance or use of the
Aircraft.
COVERAGE
B—PROPERTY DAMAGE LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages because of injury to or destruction of property,
including the loss of use thereof, caused by an occurrence arid arising out of
the ownership, maintenance or use of the Aircraft.
COVERAGE
C—PASSENGER BODILY INJURY LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages, including damages for care and loss of services,
because of bodily injury, sickness or disease, including death at any time
resulting therefrom, sustained by any passenger, caused by an occurrence and
arising out of the ownership, maintenance or use of the Aircraft.
COVERAGE
D—SINGLE LIMIT-BODILY INJURY (INCLUDING PASSENGERS) AND PROPERTY DAMAGE
LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages, including damages for care and loss of services,
because of bodily injury, sickness or disease, including death at any time
resulting therefrom, sustained by any person, and for damages because of injury
to or destruction of property, including loss of use thereof, caused by an
occurrence and arising out of the ownership, maintenance or use of the
Aircraft.
COVERAGE
E—SINGLE LIMIT—BODILY INJURY (EXCLUDING PASSENGERS) AND PROPERTY DAMAGE
LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
obligated to pay as damages, including damages for care and loss of services,
because of bodily injury, sickness or disease, including death at any time
resulting therefrom, sustained by any person, excluding any passenger, and for
damages because of injury to or destruction of property, including loss of use
thereof, caused by an occurrence and arising out of the ownership, maintenance
or use of the Aircraft.
COVERAGE F—MEDICAL PAYMENTS
To
pay all reasonable expenses incurred within one year from the date of accident
for necessary medical, surgical, ambulance, hospital, professional nursing and
funeral services, to or for each person except the pilot or crew unless
specifically stated as "included" in the Declaration, who sustains
bodily injury, sickness or disease, caused by accident, while in, entering or
alighting from the Aircraft if the Aircraft is being used by the Named Insured
or with his permission.
With
respect to Insuring Agreements IV and V the insurance afforded by this coverage
shall be excess insurance over any other valid and collectible medical payments
insurance applicable thereto.
II. DEFENSE, SETTLEMENT, SUPPLEMENTARY
PAYMENTS
Coverage A, B, C, D and E.
As
respects such insurance as is afforded by the other terms of this Policy the
Underwriters shall:
(a) defend in the name of and on behalf of the
Insured any suit or other proceedings, even if groundless, false or fraudulent,
brought against the Insured alleging such injury, sickness, disease or
destruction and seeking damages on account thereof; but the Underwriters shall
have the right to make such investigation, negotiation and settlement of any
claim or suit as they deem expedient;
(b) pay all premiums on bonds to release
attachments for an amount not in excess of the applicable limit of liability of
this Policy, all premiums on appeal bonds required in any such defended suit,
but without any obligation to apply for or furnish any such bonds;
(c) pay all costs taxed against the Insured in
any such suit or proceedings and all interest accruing after entry of judgment
until the Underwriters have paid, tendered or deposited in court, such part of
such judgment as does not exceed the applicable limit of Underwriters'
liability as stated herein; provided that in the event of the amount of such
judgment exceeding the applicable limit of Underwriters' liability, the
Underwriters shall only be liable to pay for that proportion of the said costs
and interest which the applicable limit of Underwriters' liability bears to the
amount of such judgment;
(d) pay expenses incurred by the Insured for
such immediate medical and surgical relief to others as shall be imperative at
the time of the accident;
(e) pay
all expenses incurred by the Underwriters for investigation, adjustment
and defense, and reimburse the Insured for all reasonable expenses, other than
loss of earnings, incurred at the Underwriters' request.
The
amounts incurred under this Insuring Agreement, except settlements of claims
and suits, are payable by the Underwriters in addition to the applicable limit
of liability of this Policy.
III DEFINITION OF INSURED
The
term Named Insured shall mean only the Insured specified in Declaration 1.
The
unqualified term Insured wherever used in this Policy with respect to Coverages
A, B, C, D and E includes not only the Named Insured but also, within the scope
of the Declarations, any person while using the Aircraft on behalf of or with
approval of the Named Insured, or any person or organization legally
responsible for its use, provided the actual use is with the expressed
permission of the Named Insured.
Notwithstanding
the provisions of this Insuring Agreement the coverage provided by this Policy
for persons or organizations other than the Named Insured does not apply:—
(a)
to any person or
organization with respect to bodily injury, sickness, disease or death of any
person who is a Named Insured;
(b) to
any employee or official of an Insured with respect to any action brought
against said employee or official because of bodily injury, sickness, disease
or death of another employee of the same Insured injured in the course of such
employment in an occurrence arising out of the maintenance or use of the
Aircraft in the business of such Insured;
(c) to
any person or organization, or to any agent or employee thereof (other than
agents or employees of the Named Insured) engaged in the manufacture of
aircraft, aircraft engines, or aircraft accessories, or operating an aircraft
repair shop, airport, hangar, aircraft sales agency, flying club or flying
school, with respect to any occurrence arising out of such manufacture or
operation;
(d) to
any person receiving instruction, either dual or solo, nor to any renter pilot,
unless such use is declared in (D) of Item 4 of the Declarations;
(e) to
any person or organization with respect to any loss against which he has other
valid and collectible insurance.
IV TEMPORARY USE OF SUBSTITUTE AIRCRAFT
While
an Aircraft owned by the Named Insured is withdrawn from normal use because of
its breakdown, repair, servicing, loss or destruction, such insurance as is
afforded by this Policy with respect to such Aircraft applies also with respect
to another Aircraft of similar type, horsepower, and seating capacity, not so
owned while temporarily used as the substitute for such Aircraft. This Insuring
Agreement does not cover as an Insured the owner of the substitute Aircraft or
any agent or employee of such owner.
V AUTOMATIC INSURANCE OF NEWLY ACQUIRED
AIRCRAFT
(1)
If the Named Insured who is the owner of the Aircraft the uses of which are
declared under Item 4 of the Declarations acquires ownership of another
Aircraft of similar type, horsepower, and seating capacity, and so notifies
the Underwriters within thirty days following the date of its delivery to him,
such insurance as is afforded by this Policy applies also to such Aircraft as
of such delivery date;
(a)
if it replaces an Aircraft described in this
Policy, but only to the extent the insurance is applicable to the replaced
Aircraft, or
(b) if it is an additional Aircraft and if the
Underwriters insure all Aircraft owned by the Named Insured at such delivery
date, but only to the extent the insurance is applicable to all such previously
owned Aircraft. In no event, however, shall the Underwriters be liable under
this provision for more than the highest limit applicable for each person or
accident as stated in the Declarations of this Policy.
(2)
This Insuring Agreement does not apply:
(a) to
any loss against which the Named Insured has other valid and collectible
insurance, or
(b) except
during the Policy period, but if such delivery date is prior to the effective
date of this Policy, the insurance applies as of such effective date.
The
Named Insured shall pay the prescribed additional premium required because of
the application of the insurance to such other Aircraft.
The
insurance terminates upon the replaced Aircraft on such delivery date.
VI POLICY PERIOD, TERRITORY, PURPOSES OF USE
This
Policy applies only in respect of accidents or occurrences happening during the
Policy period while the Aircraft is within the Continental limits of the
VII TWO OR MORE AIRCRAFT
When
two or more Aircraft are insured hereunder the terms of this Policy shall apply
separately to each.
EXCLUSIONS
THIS
POLICY DOES NOT APPLY:-
(1)
To liability assumed by the Insured under any contract or agreement unless such
liability would have attached to the Insured even in the absence of such
Agreement.
(2)
While the Aircraft is in flight unless it's Airworthiness Certificate is in
full force and effect.
(3)
While the Aircraft is used for any unlawful purpose or is operated otherwise
than in compliance with the terms of its Airworthiness Certificate and the
approved operating limitations contained in its Airplane Flight Manual or other
documents associated with the Airworthiness Certificate or is being operated by
any person other than the pilot(s) stated in Item 5 of the Declarations (other
than taxying by certificated pilots or licensed mechanics) or is operated by
any such person in violation of the terms and limitations of his Pilot's
Certificate or Medical Certificate, as issued by the appropriate authority.
(4) If the total number of passengers carried
in the Aircraft at the time of the happening of any loss or damage exceeds the
Declared Maximum stated in Item 3 of the Declarations.
(5)
While with the knowledge and consent of the Insured or of any executive officer
or partner if the Insured be a corporation or partnership the Aircraft is being
operated in violation of the Civil Air Regulations applying to acrobatic
flying, instrument flying, repairs, maintenance, inspection, alterations and
night flying.
(6)
While the Aircraft is used for any purpose other than as stated in the
Declarations.
(7)
While the Aircraft is being used for or in connection with any race, speed or
endurance test, any attempt at record breaking, acrobatic flying, crop dusting,
spraying, seeding, fertilization, hunting, bird or fowl herding unless such use
is declared in (D) of Item 4 of the Declarations; or any use in respect of
which a waiver or special authority issued by the Civil Aeronautics Authority
or the appropriate Authority is required, whether granted or not.
(8)
To bodily injury to or sickness, disease or death of any employee of the
Insured arising out of and in the course of his employment, or to any
obligation for which the Insured or any company as his insurer may be held
liable under any workmen's compensation law.
(9)
To injury to or destruction of property owned, rented, occupied or used by or
in the care, custody or control of the Insured or carried in or on the
Aircraft.
(10)
To loss or damage or any liability of the Insured directly or indirectly
occasioned by, happening through or in consequence of military, naval or
usurped power whether in time of peace or war and whether lawful or unlawful,
war, invasion, civil war, revolution, rebellion, insurrection or warlike
operations, whether there be a declaration of war or not.
DEFINITIONS
"IN
FLIGHT". The Aircraft shall be deemed to be in flight from the time the
Aircraft moves forward in taking off or in attempting to take off for air
transit, while in the air and until the Aircraft comes to rest after landing
or, the landing run having been safely completed, power is applied for taxying.
A rotorcraft shall be deemed to be in flight when the rotors are in motion.
"PASSENGER"
shall mean any person while in, on or boarding the Aircraft for the purpose of
riding or flying therein or alighting from the Aircraft following flight or
attempted flight therein.
"CIVIL
AERONAUTICS AUTHORITY" shall mean the duly constituted Authority of the
government of the United States of America, or the Authority of the recognized
government of my other country in which this Policy may apply, having
jurisdiction over Civil Aviation.
"OCCURRENCE" shall mean an accident, or a
continued or repeated exposure to conditions occurring during the Policy
period, which results in injury during the Policy period, provided the injury
is accidentally caused. All damages arising out of such exposure to
substantially the same general conditions shall be deemed to arise out of one
occurrence.
CONDITIONS
1. NOTICE OF ACCIDENT
When
an accident or an occurrence takes place which is liable to result in a claim
under this Policy, written notice shall be given by or on behalf of the Insured
to the Underwriters or any of their representatives as soon as practicable.
Such notice shall contain particulars sufficient to identify the Insured and
also reasonably obtainable information respecting the time, place and
circumstances of the accident or occurrence, the names and addresses of the
injured and of available witnesses
2. NOTICE OF CLAIM OR SUIT—EXCEPT IN RESPECT
TO COVERAGE F
If
claim is made or suit is brought against the Insured the Insured shall
immediately forward to the Underwriters or any of their representatives every
demand, notice, summons or other process received by him or his representative.
3.
MEDICAL REPORTS; PROOF AND PAYMENT OF CLAIM—IN RESPECT TO COVERAGE F ONLY
As
soon as practicable, the injured person or someone on his behalf shall give to
the Underwriters or any of their representatives written proof of claim, under
oath if required, and shall, after each request from the Underwriters, execute
authorization to enable the Underwriters to obtain medical reports and copies
of records. The injured person shall submit to physical examination by
physicians selected by the Underwriters when and as often as the Underwriters
may reasonably require. The Underwriters may pay the injured person or any
person or organization on account of the services rendered and such payment
shall reduce the amount payable hereunder to or for such injured person for
such injury. Such payment shall not constitute admission of liability of the
Insured or of the Underwriters under any other Coverage hereunder.
4. ASSISTANCE AND CO-OPERATION OF THE INSURED
EXCEPT IN RESPECT OF COVERAGE F
The
Insured shall co-operate with the Underwriters and, upon the Underwriters'
request, shall attend hearings and trials and shall assist in effecting
settlements, securing and giving evidence, obtaining the attendance of
witnesses and in the conduct of suits. The Insured shall not, except at his own
cost, voluntarily make any payment assume any obligation or incur any expense,
other than for such immediate medical and surgical relief to others as shall be
imperative at the time of accident.
5. LIMITS OF LIABILITY
(a) The limit of liability stated in the
Declarations for Coverage A and C as applicable to "each person" is
the limit of the Underwriters' liability for all damages arising out of bodily
injury, sickness or disease, including death at any time resulting therefrom,
sustained by one person in any one occurrence; the limit of such liability
stated as applicable to "each occurrence" is, subject to the above
provision respecting each person, the total limit of the Underwriters'
liability for all damages, arising out of bodily injury, sickness, or disease,
including death at any time resulting therefrom, sustained by two or more
persons in any one occurrence.
(b) The limit of liability stated in the
Declarations for Coverage B is the limit of the Underwriters' liability for all
damages arising out of any one occurrence.
(c) The limit of liability stated in the
Declarations for Coverage D & E is the limit of the Underwriters' liability
for all damages arising out of any one occurrence.
(d) The limit of liability stated in the
Declarations for Coverage F as applicable to "each person" is the
limit of the Underwriters' liability for all expenses incurred by or on behalf
of each person who sustains bodily injury, sickness or disease, including death
resulting therefrom, in any one accident; the limit of liability stated herein
as applicable to "each accident" is, subject to the above provision
respecting each person, the total limit of the Underwriters' liability for all
expenses incurred by or on behalf of two or more persons who sustain bodily
injury, sickness or disease, including death resulting therefrom in any one
accident.
Notwithstanding
the inclusion herein of more than one Insured whether by endorsement or
otherwise, the total liability of the Underwriters under each Coverage in
respect of any or all Insureds shall not exceed the limit(s) stated in the
Declarations.
6. FINANCIAL RESPONSIBILITY LAWS—COVERAGES
A, B, C, D AND E
Such
insurance as is afforded by this Policy under coverage A, B, C, D and E shall
comply with the provisions of any Financial Responsibility Law, or other Law
applicable to Aircraft with respect to financial responsibility or liability
arising out of the ownership, maintenance or use of Aircraft during the Policy
period. However, the foregoing shall not apply to any type of coverage not
afforded by this Policy nor shall it apply to any amount or amounts in excess
of the limit or limits of liability provided in the Policy. The Insured agrees
to reimburse the Underwriters for any payment made by the Underwriters which
the Underwriters would not have been obligated to make under the terms of this
Policy but for the agreement contained in this paragraph.
7. OTHER INSURANCE
If
the Insured has other insurance against a loss covered by this Policy, the
Underwriters shall not be liable under this Policy for a greater proportion of
such loss than the applicable limit of liability stated in the Declarations
bears to the total applicable limit of liability of all valid and collectible
insurance against such loss; provided, however, the insurance under Insuring
Agreement?) IV and V shall be excess insurance over any other valid and
collectible insurance available to the Insured, either as an Insured under a
Policy applicable with respect to the Aircraft or otherwise against a loss
covered under either or both of said Insuring Agreements.
8. CHANGES
Notice to any agent
or knowledge possessed by any agent or by any other person shall not effect a
waiver or a change in any part of this Policy or estop the Underwriters from
asserting any right under this Policy; nor shall any part of this Policy be waived
or changed, except by endorsement signed by the Underwriters and issued to form
part of this Policy.
9. ASSIGNMENT
This
Policy shall not be assigned in whole or in part except with the consent of the
Underwriters verified by endorsement signed by the Underwriters and issued to
form part of this Policy; if, however, the Named Insured shall die or be
adjudged bankrupt or insolvent within the Policy period, this Policy, unless
cancelled, shall, if written notice be given to the Underwriters within thirty
days after the date of such death or adjudication, cover (a) the Named
Insured's legal representative as the Named Insured and (b) under Coverage A,
B, C, I) and E subject otherwise to the provisions of Insuring Agreement III,
any person having proper temporary custody of the Aircraft, as an Insured, and
under Coverage F while the Aircraft is used by such person, until the
appointment and qualification of such legal representative but in no event for
a period of more than thirty days after the date of such death or adjudication.
10. CANCELLATION
This
Policy may be cancelled by the Named Insured by surrender thereof or by mailing
to the Underwriters written notice stating when thereafter such cancellation
shall be effective. This Policy may be cancelled by the Underwriters by mailing
to the Named Insured at the address shown in this Policy written notice stating
when not less than ten days thereafter such cancellation shall be effective.
The mailing of notice as aforesaid shall be sufficient proof of notice and the
effective date and hour of cancellation stated in the notice shall become the
end of the Policy period. Delivery of such written notice either by the Named
Insured or by the Underwriters shall be
equivalent to mailing.
If
the Named Insured cancels, earned premiums shall be computed in accordance with
the customary short rate table and procedure. If the Underwriters cancel,
earned premiums shall be computed pro rata. Premium adjustment may be made at
the time cancellation is effected and, if not then made, shall be made as soon
as practicable after cancellation becomes effective. The Underwriters' check or
the check of their representative mailed or delivered as aforesaid shall be
sufficient tender of any refund of premium due to the Named Insured.
11. SERVICE OF SUIT
It
is agreed that in the event of the failure of the Underwriters to pay any
amount claimed to be due hereunder, the Underwriters, at the request of the
Named Insured, will submit to the jurisdiction of any Court of competent
jurisdiction within the United States and will comply with all requirements
necessary to give such Court jurisdiction and all matters arising hereunder
shall be determined in accordance with the law and practice of such Court.
It
is further agreed that service of process in such suit may be made upon
.....................................
...................................................................................................................................................................,
and
that
in any suit instituted against any one of them upon this Policy, the
Underwriters will abide by the final decision of such Court or of any Appellate
Court in the event of an appeal.
The
above-named are authorized and directed to accept service of process on behalf
of the Underwriters in any such suit and/or upon the request of the Named
Insured to give written undertaking to the Named Insured that they will enter a
general appearance upon the Underwriters' behalf in the event such a suit shall
be instituted.
Further, pursuant to
any statute of any state, territory or district of the United States which
makes provision therefor, the Underwriters hereby designate the Superintendent,
Commissioner or Director of Insurance or other officer specified for that purpose
in the statute or his successor or successors in office, as their true and
lawful attorney upon whom may be served any lawful process in any action, suit
or proceeding instituted by or on behalf of the Named Insured or any
beneficiary hereunder arising out of this Policy and hereby designate the
above-named as the person to whom the said officer is authorized to mail such
process or a true copy thereof.
12. ACTION AGAINST UNDERWRITERS—COVERAGE A, B,
C, D AND E
No
action shall lie against the Underwriters unless, as a condition precedent
thereto, the Insured shall have fully complied with all of the terms of this
Policy, nor 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 Underwriters. Any
person or organization or the legal representative thereof who has secured such
judgment or written agreement shall thereafter be entitled to recover under
this Policy to the extent of the insurance afforded by this Policy. Nothing
contained in this Policy shall give any person or organization any right to
join the Underwriters as a co-defendant in any action against the Insured to
determine the Insured's liability. Bankruptcy or insolvency of the Insured or
of the Insured's estate shall not relieve the Underwriters of any of their
obligations hereunder.
13. ACTION AGAINST UNDERWRITERS IN RESPECT TO
COVERAGE F
No
action shall lie against the Underwriters unless as a condition precedent
thereto, there shall have been in full compliance with all the terms of this
Policy, nor until thirty days after the required statements of claim have been
filed with the Underwriters.
14. SCHEDULE OF STATEMENTS
By
acceptance of this Policy the Named Insured agrees that the statements in the
Declarations are his agreements and representations, that this Policy is issued
in reliance upon the truth of such representations and that this Policy
embodies all agreements existing between himself and the Underwriters relating
to this insurance.
15. MISREPRESENTATION AND FRAUD
This Policy shall be
void if the Named Insured has concealed or misrepresented any material fact or
circumstance whether under the Declarations or not concerning this insurance or
the subject thereof or in case of any fraud, attempted fraud or false swearing
by the Insured touching any matter relating to this insurance or the subject
thereof, whether before or after a loss.
DECLARATIONS
ITEM 1
Name
of Insured
................................................................................................................................
(hereinafter referred to as the Insured)
Address
..............................................................................................................................................
..........................................................................................................................................................
Business
or Occupation of the Insured is
.........................................................................................
The
Insured's interest in the Aircraft is that of
.................................................................................
ITEM
2
The
period of insurance hereunder begins on
the..........................................................................
.and ends on the .......................... (both at
ITEM
3
The
insurance afforded is only with respect to such and so many of the following
coverages as are indicated by specific premium charge or charges. The limit of
Underwriters' liability against each such coverage shall be as stated herein,
subject to all the terms of the Policy having reference thereto.
COVERAGES
(As described in the Insuring Agreements)
LIMITS OF LIABILITY PREMIUMS
A BODILY INJURY LIABILITY $ each
person
(excluding passengers) $ each occurrence
B PROPERTY DAMAGE LIABILITY $ each
occurrence
C PASSENGER BODILY INJURY $ each
person
LIABILITY $ each occurrence
D SINGLE LIMIT BODILY INJURY
including passengers) and PROPERTY
DAMAGE LIABILITY $ each occurrence
E SINGLE LIMIT BODILY INJURY
( excluding passengers) and
PROPERTY DAMAGE LIABILITY $ each
occurrence
F MEDICAL PAYMENTS
*
Including/Excluding Pilot $ each person
*
Including/Excluding Crew $ each accident
* Delete as
required
Total Premium
DESCRIPTION OF AIRCRAFT
Identification
Marks.
|
Category.
|
Year built, Make,
Model Serial No.
|
Type*
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Engine H.P., Make,
Model,
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Declared maximum
number of passengers (excluding crew) to be carried at any one time. |
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Landplane, seaplane, skiplane,
amphibian or rotorcraft
ITEM 4.
USE: The
purposes for which the aircraft will be used are (Indicate those required.)
(A) □ "BUSINESS AND PLEASURE"
(B) □ "INDUSTRIAL AID"
(C) □ "LIMITED COMMERCIAL"
(D) □ "COMMERCIAL",
including special uses (See (D) below)
......................................................................................................................................................................
.......................................................................................................................................................................
(A) |
"BUSINESS AND PLEASURE" shall mean
personal, pleasure, family and business use, excluding any operation for hire
or reward, or for instruction. |
(B) |
"INDUSTRIAL AID" shall mean all the uses
stated in (A) also the transportation of executives, employees, guests of the
Insured, goods and merchandise, but excluding any operation for hire or
reward, or for instruction. |
(C) |
"LIMITED COMMERCIAL" shall mean all the
uses stated in (A) and (B) also the carriage of passengers and freight for
hire or reward, but excluding any form of instruction or rental to others. |
(D) |
"COMMERCIAL" shall mean the uses stated in
(A), (B) and (C) also use for any other purpose as specifically declared
above. |
ITEM 5.
The Aircraft
will be operated in flight only by the following pilot(s):
Name |
Certificate
and Number |
Pilot and
Aircraft Ratings |
|
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|
ITEM 6.
No Insurer has
ever cancelled or declined to issue or renew, any aircraft insurance to the
Insured, except as follows:
AVN 20 1.11.64
AVN 61 AGREED VALUE CLAUSE
It is hereby understood and agreed that in consideration of
the insured Aircraft being covered on an Agreed Value basis all reference
herein to replacement shall be deemed to be deleted but only in respect of
claims adjusted on the basis of a total loss.
In respect of claims adjusted on the
basis of a total loss Insurers shall pay to the Insured the Agreed Value of the
Aircraft as stated in the Policy Schedule less any applicable deductible.
Insurers may, at their discretion, take the salvage of such Aircraft, together
with all appropriate documents appertaining thereto, but in no event shall
there be any abandonment to Insurers.
The foregoing provision shall not apply
to claims arising in respect of partial loss or damage where Insurers shall
retain the right to repair, replace or make good as they deem expedient.
AVN 61 1.10.96
AVN 62 SEARCH AND RESCUE EXTENSION CLAUSE
In consideration of an additional premium of
.......................................... it is agreed that this Policy is
extended to indemnify the Insured for any reasonable expenses incurred for the
purpose of search and rescue operations for an Aircraft insured hereunder
determined to be missing and unreported after the computed maximum endurance of
the flight has been exceeded.
Provided always that Insurers'
liability shall not exceed .................................. in respect of any
one search and rescue operation and in the aggregate.
This clause does not extend the Policy
to cover salvage costs and expenses.
All other terms and conditions of this
Policy remain unchanged.
AVN 62
1.10.96
AVN 63 CROSS LIABILITY CLAUSE
In
consideration of an additional premium of
.............................................. the inclusion of Additional
Insureds under this Policy shall not preclude the right of recovery hereon by
the Original Insured named below in respect of claims made against them by such
Additional Insureds or the employees of such Additional Insureds.
Where the
coverage provided by this Policy is also provided by other policy or policies,
then this Policy shall only pay that amount which is in excess of the amount(s)
which would have been payable under such other policy(ies) had this insurance
not been effected.
Notwithstanding
the inclusion herein of more than one Insured, whether by endorsement or
otherwise, the total liability of the Insurers in respect of any or all
Insureds shall not exceed the limit(s) of liability stated in this Policy.
Original
Insured:
AVN 63 1.10.96
AVN
25 CLAIMS CONTROL CLAUSE
Notwithstanding anything herein
contained to the contrary, it is a condition precedent to any liability under
this Policy that
(a) the Reinsured shall, upon knowledge of any
loss or losses which may give rise to a claim under this Policy, advise the
Reinsurers thereof within 72 hours;
(b) the Reinsured shall furnish the Reinsurers
with all information available respecting such loss or losses, and the
Reinsurers shall have the right to appoint adjusters, assessors and/or
surveyors and to control all negotiations, adjustments and settlements in
connection with such loss or losses.
AVN 25 1.10.96
AVN
26A AIRCRAFT LAYING-UP RETURNS CLAUSE
In the event of the Aircraft
hereby insured being laid up, the Flight and Taxying cover under all Sections
of this Policy shall be suspended during the period of lay-up and credit under
the Aircraft loss or physical damage Section of the Policy will be adjusted on
expiry of the Policy subject to the following conditions:-
1.
Notice must be given to the Insurers by the Insured prior to and upon
termination of lay-up.
2. No return of premium shall be made:-
(a)
in respect of the
period during which the Aircraft is laid up for maintenance, overhaul or
repair;
(b)
unless the period of
lay-up is of at least 30 consecutive days, but should the period defined in (a)
occur during lay-up then the Insured shall be entitled to add the lay-up days
prior to and subsequent to the period defined in (a) in computing the period of
30 days or more for which a return may be made;
(c)
if a claim in
respect of the Aircraft concerned has been made on this Policy.
Subject
always to the foregoing conditions the return shall be 75 per cent of pro rata
of the difference between the annual Flight risk premium and the annual ground
risk premium (as agreed by the Insurers) for the actual period of lay-up as
defined above.
In
the event of the Aircraft being laid up for a period of 30 days or more, a part
only of which attaches to this Policy and part to the annual renewal Policy,
then this Policy shall return premium proportionately.
AVN 26A 1.10.96
AVN 28B AIRCRAFT FINANCIAL INTEREST ENDORSEMENT
It is noted
that the Party named in
the Schedule hereto has a financial interest in the Aircraft under the
Agreement. Accordingly, with respect to
losses occurring during the period from the Effective Date of this Endorsement
until the expiry of the Insurance or until the satisfaction of the obligations
under the Agreement, whichever shall first occur, in respect of the interest of
the Party and in consideration of an Additional Premium IT IS UNDERSTOOD AND
AGREED THAT:
1.
The insurance afforded by this Policy for loss of or
physical damage to the insured Aircraft shall not be invalidated as regards the
interest of the Party by any act or omission by the Insured which results in a
breach of any term, condition or warranty of the Policy PROVIDED THAT the Party
has not caused, contributed to or knowingly condoned the said act or
omission. Nevertheless any change in
title or ownership of the Aircraft, conversion, embezzlement or secretion by
the Insured in possession of the Aircraft is not covered hereunder.
2.
The protection afforded to the Party by the terms of
this Endorsement shall be limited to loss of or physical damage to the insured
Aircraft and shall not exceed the Original Amount under the Agreement less any
relevant Policy Deductible and less all matured Instalments paid or due prior
to the accident giving rise to a loss hereunder.
3.
The Party shall notify the Insurers of any increase in
hazard which comes to the Party's attention and if agreed by the Insurers it
shall be endorsed on the Policy, the Party agreeing to pay any additional
required premium if the Insured fails to do so on demand of the Insurers.
4.
If the Insured fails to notify the Insurers as
specified in the Policy Conditions of any event likely to give rise to a claim
under the Policy, the Party shall do so immediately he becomes aware of the event in form
and manner as prescribed by the Policy.
5.
Upon payment of any loss or claim to the Party,
Insurers shall to the extent and in respect of such payment be subrogated to
all legal and equitable rights of the Party.
At the expense of Insurers the Party shall do whatever is necessary to
assist the Insurers to exercise such rights.
6.
Except in respect of any provision for Cancellation or
Automatic Termination specified in the Policy or any endorsement thereof, cover
provided by this Endorsement may only be cancelled by Insurers giving not less
than Thirty (30) days notice in writing to the Appointed Broker. Notice shall be deemed to commence from the
date such notice is given by the Insurers.
In the event of cancellation for non-payment of premium, the Party shall
have the option to pay all outstanding premiums in respect of the Aircraft
within the notice period.
EXCEPT AS SPECIFICALLY VARIED OR PROVIDED
BY THE TERMS OF THIS ENDORSEMENT THE FINANCIAL INTEREST OF THE PARTY IS COVERED
BY THE POLICY FOR LOSS OF OR PHYSICAL DAMAGE TO THE INSURED AIRCRAFT ONLY
SUBJECT TO ALL TERMS, CONDITIONS, LIMITATIONS, WARRANTIES, EXCLUSIONS AND
CANCELLATION PROVISIONS THEREOF.
SCHEDULE
IDENTIFYING TERMS USED IN THIS ENDORSEMENT
1. Aircraft: Registration:
2. Party
(enter the name of the Party having a financial interest):
3. Agreement
(enter identifying details and date):
4. The
Original Amount under the Agreement:
Payable in Instalments
of
the last Instalment being due
The amount outstanding at the Effective Date of this
Endorsement:
5.
Policy Deductible:
6.
Effective Date of this Endorsement:
7.
Additional Premium
8.
Appointed Broker:
AVN 28B
17.10.96
AVN 29 MANUFACTURER AS ADDITIONAL INSURED
Agreed to include
..................................................... as an Additional Insured
but only in so far as their interests arise as owners (in whole or in part) of
the insured Aircraft.
This agreement shall not operate
to prejudice Insurers' rights of recourse against.................
...................... as manufacturers, repairers, suppliers or servicing
agents where such rights of recourse would have existed had this endorsement not
been effected under this Policy.
AVN29 1.10.96
AVN 30A LONDON
HELICOPTER INSURANCE POLICY
(For all types of rotorcraft,
herein referred to as "helicopter")
PROPOSAL
FORM
Proposer's
Name (in full) ......................................................................................................................................
Any
other name under which Proposer has operated or been associated with the
operation of Helicopters
.............................................................................................................................................................................
Address .............................................................................................................................................................
Business
or Occupation .....................................................................................................................................
DETAILS
OF HELICOPTER(S) TO BE INSURED
AIRFRAME
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ENGINE(S)
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Make,
Type & Series Number
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Year
of Con-struction
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Date
& No. of Current Licence or Airworthiness Certificate
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Licensed
Passenger Seating Capacity
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Declared
Passenger Seating Capacity for the Purpose of Insurance
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Identification
Marks
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1.
Number and Type
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Price
of Helicopter & Date of Purchase |
Present
Value of Helicopter |
Details
of Extra Equipment and Accessories,
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Total
Declared Value for the purpose of Insurance
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Details |
Value |
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Standard Instruments and Equipment |
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AVN 30A
1.10.96
Please state fully:-
1. Precise
purposes for which the Helicopter(s) will be used, in detail
("Commercial" or
"Industrial Aid" is insufficient). Before completing, see list at the
end of this Form.
................................................................................................................................................
Will the Helicopter(s) be flown at night?........................If
"Yes" give details of night flying
equipment in Helicopter(s) and on Landing Site(s) (on separate sheets).
2. (a) Geographical limits for which insurance is required (in
detail)................................
(b)
State if intended to operate over water more than
.......................................................................................................................................
(c)
Give physical description of area of
operations.................................................................
(e.g. Mountains—Desert—Jungle—Swamp)
3. By
whom will the maintenance be carried
out?.....................................................................
4. Where
will the Helicopter(s) usually be kept?
.......................................................................
Is
this a licenced
airfield?...............................................................................,............................
Will
the Helicopter(s) normally be kept in a hangar? If so, state construction of
hangar. .........
.....................................................................................................................................................
5. Give
full details of surface of Aeroport, Heliport or Landing Ground from which
operations
will be
conducted...................................................................................................
6. Will
Rotors be set in motion by persons other than licensed helicopter pilots or
qualified
helicopter
engineers?...............................................................................................................
7. Have
you previously held a Helicopter Insurance Policy? If so, state name of
Insurers..............
........................................................................................................................................................
8. Has
any Insurer at any time:-
(a)
Declined your
proposal?................................................................................................
(b)
Cancelled or refused to renew your Policy?
.................................................................
(c)
Required an increased premium or revised terms?
.....................................................
9.
Have you entered
into any agreement or contract with any other party whereby liability is
assumed or excluded in respect of the purchase, lease, ownership or operation
of the Helicopter(s)? If so, give relevant extract.
10.
If the Helicopter(s)
is/are being bought by Hire Purchase, or is/are the subject of a mortgage,
state Lienholder or Mortgagee and amount of
lien or mortgage.
11. Will the helicopter(s) be operated with:
(a) Wheels ........... (b) Skis ..............(c) Pontoon Floats
...................... (d) Skids .................
PLEASE
STATE DETAILS OF ALL ACCIDENTS AND/OR LOSSES DURING THE LAST FIVE YEARS
Year
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No.
of Helicopters owned and/or operated by Proposer
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Damage
to Helicopter
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Third
Party & Passenger Liability
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1.
Circumstances of Loss 2.
Give use at time of Accident by reference to list at the end of this Form
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No.
of Accidents
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Cost
or Estimate
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No.
of Accidents
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Cost
or Estimate
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ENTER BELOW FLYING RECORD OF
PILOTS BY WHOM THE HELICOPTER WILL BE FLOWN
Name
and Nationality
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Age
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Types
of Helicopter flown and date of last flight
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Flying
Hours
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Licence
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1. Nature and Cause of all Accidents (if any)
during last five years
2.
Give use at time of Accident by reference to list at the end of tins Form
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Fixed
wing aircraft
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Helicopters
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No.
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Date
of expiry
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Where
Issued
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Type
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Day
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Night
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Last
12 months
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(N.B.
Insurance afforded by the Policy, if issued, will be void when the Helicopter
is
piloted by any pilot other than as named
in the Policy.)
DETAILS OF INSURANCE REQUIRED
(Delete where not applicable)
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Accidental Damage (a)
Flight Risks
b ) Ground Risks including/excluding rotors
in motion
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(c) Mooring Risks
(Waterborne) including/excluding
rotors in motion
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LIABILITIES ( |
Third Party Legal Liability
Limit of Indemnity
..........................................................................each
Accident
*Legal Liability
to Passengers
Limit of
Indemnity
each person
.......................................................................................
Limit of Indemnity
each person for baggage and personal articles..............................
* The limit of indemnity for each ACCIDENT
equals the indemnity each person multiplied by the declared passenger seating
capacity of the helicopter.
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LIABILITIES ( |
A BODILY INJURY LIABILITY B PROPERTY DAMAGE LIABILITY C PASSENGER BODILY INJURY D SINGLE LIMIT BODILY INJURY E SINGLE LIMIT BODILY INJURY F MEDICAL PAYMENTS
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LIMITS OF
INDEMNITY $ each person $ each occurrence $ each occurrence $ each person
$ each occurrence
$ each occurrence
$ each person $ each accident
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Period for which the Insurance
is required
.........................................................................................
I/WE warrant that the
aforementioned helicopter(s) is/are my/our property except as may be declared
under para. 10 above, and the statements and particulars given are true, and
that no material information has been withheld or suppressed, and I/WE agree to
accept a Policy subject to the terms, exclusions and conditions prescribed
therein.
Date.
Signature
of Proposer (s).
The completion of this Proposal
Form in no way binds the Proposer to complete an Insurance.
Insurers reserve to themselves
the right to decline any proposal without assigning a reason.
LIST OF USES
1 Advertising. 2 Aerial Crop Control (state type of crop,
tree or shrub 3 Air Taxi. 4 Cargo (a) slung (b) loaded on board. . 5 Contract Charter. 6 Erection (haulage and crane uses). 7 Executive Transportation. 8 Exhibition—Demonstration. 9 Ferry 10 Fire Patrol 11 Geophysical Survey (including use of
Scintillometer
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12. Industrial—Other Risks 13. Instructional 14. Offshore Drilling 15. Passengers—Non-Revenue 16. Passengers—Revenue (schedule stops) 17. Personal and Pleasure 18. Power and/or Pipeline Patrol 19. Rental 20. Rescue Operation (i.e. have you given
any undertaking to a local
authority or any other organization to perform rescue operations if and when
called upon?) 21. Testing—Experimental 22. Training Check 23. Any other
use—to be specified |
AVN30A 1.10.96
AVN
32 GLIDERS (LAUNCHING SITES) CLAUSE
It is hereby understood and agreed that this Policy
shall not apply whilst the insured Glider is; being prepared for launching or
actually being launched on or from a site other than a recognized aerodrome or
a suitable site habitually used for the purpose of launching gliders and
recognized and/or authorized for this purpose by the appropriated authorities.
AVN 32 1.10.96
AVN 34
PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT
1. In consideration of an additional premium of
$____, it is agreed that the Insurers will at the request of and regardless of
legal liability of the Named Insured offer settlement on the basis of the
benefits hereinafter set forth in respect of bodily injury Accidentally
sustained by any passenger provided that at the time of such Accident causing
such bodily injury the Passenger Bodily Injury Liability of the Policy is
effective in respect of such Accident.
2. LIMITS OF SETTLEMENT
For death or for total loss of two limbs
or total loss of sight of two eyes or total loss of one limb and total loss of
sight of one eye (or any combination thereof) the amount offered shall not
exceed the amount expressed as the limit of settlement for "each
passenger" shown below; or
For total loss of one limb or total loss
of sight of one eye the amount offered shall not exceed one half of the amount
expressed as the limit of settlement for "each passenger" shown
below; or
For permanent total disablement other
than by loss of limbs or sight the amount offered shall not exceed the amount
expressed as the limit of settlement for "each passenger" shown
below; or
Subject to the limit for "each
passenger" the total of the amounts which the Insurers shall offer on
account of bodily injury sustained by two or more passengers in any one
Accident shall not exceed the amount expressed as the limit of settlement for
"each Accident" shown below; or
.
3. DEFINITIONS
"ACCIDENT" means any one
accident or series of accidents arising out of one event.
"LOSS OF A LIMB" means loss by
physical separation of a hand at or above the wrist or of a foot at or above
the; ankle.
"TOTAL LOSS OF SIGHT" means
loss of sight which is certified as being entire and irrecoverable by a
licensed physician specializing in ophthalmology.
"PERMANENT TOTAL DISABLEMENT"
means disablement which has for twelve months from the date of the Accident
necessarily and continuously disabled the passenger from attending to business
or occupation of any and every kind or if he has no business or occupation
confined him immediately and continuously to the house and prevented him from
attending to any of his usual duties (if any) and at the expiry of that twelve
months period being beyond hope of improvement.
4.
ADDITIONAL EXCLUSIONS
The
Insurers shall not be liable under the terms of this Endorsement
(a)
for any payment
which may be used to satisfy that obligation for which the Insured or any Company as his insurer may be held
liable under workers compensation, employers liability, unemployment
compensation or disability benefits law or any similar law;
(b) for bodily injury
to any passenger caused by his suicide or attempted suicide or intentional
self-injury or own criminal or felonious act or by his own act whilst in a
state of insanity or intoxication;
(c) for bodily injury to any passenger caused by disease or
natural causes, or medical or surgical treatment (except where such treatment
is rendered necessary by bodily injury caused by Accident within the scope of
this Endorsement);
(d)
for bodily injury to
any passenger carried for hire or reward;
(e)
or bodily injury to
any member of the flight or cabin crew.
- ADDITIONAL CONDITIONS
(a) The Insured
shall furnish, as soon as practicable after each request from the Insurers,
reasonably obtainable information pertaining to bodily injury sustained by
passengers. In the event of death immediate notice must be sent to the
Insurers.
(b) In
consideration of any settlement under the provisions of this Endorsement and as
a condition precedent thereto, the Insurers shall be provided with a full legal
release for all claims for damages against the Insured and/or any other
party(ies) protected by this Policy from the injured passenger and/or any
person having a cause of action for such bodily injury. If the injured
passenger or any person claiming by, through or under him shall fail to accept
in writing within thirty (30) days from the date of offering the voluntary
settlement under the provisions of this Endorsement or to execute the necessary
release then the Insurers may, at their option, withdraw the offered voluntary
settlement, without notice, in which circumstances the Insurers will no longer
be bound by the undertakings expressed in the preceding paragraphs. If
subsequent to an offer of voluntary settlement being made in respect of any
passenger any claim suit or demand is made or prosecuted against the Insured
for damages on account of such bodily injury, such claim suit or demand shall
be considered as refusal to accept such voluntary settlement and the
obligations of the Insurers as expressed in the Passenger Liability Section of
the Policy to which this Endorsement is attached, shall be available as fully
and completely as if this Endorsement had not been issued.
Limits of Settlement
Each passenger Each
Accident
It is understood and agreed that, except as specifically provided in the
foregoing to the contrary, this Endorsement is subject to the terms,
exclusions, conditions and limitations of the Policy to which it is attached.
The Schedule
Description of Aircraft
F.A.A. Reg. No.
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Make, Model and Type* |
Declared Maximum
number of Passengers to
be carried at any one time
|
* Landplane, Seaplane, Skiplane,
Amphibian or Rotorcraft
Limits of Settlement
Each Passenger Each Accident
It is understood and agreed
that, except as specifically provided in the foregoing to the contrary, this
Endorsement is subject to the terms, exclusions, conditions and limitations of
the Policy to which it is attached.
AVN 36 SPREADER CLAUSE “B”
(FOR ATTACHMENT
TO PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT)
(Approved by Lloyd’s Aviation
Underwriters’ Association)
Notwithstanding anything contained herein to the
contrary, it is understood and agreed that if in any accident resulting in a
claim under this insurance the number of passengers in the aircraft exceeds the
number stated in the Schedule forming part of the Passenger Voluntary
Settlement Endorsement, then provided there is no violation of the limitations
imposed by the Civil Aeronautics Authority and/or the Airworthiness Certificate
as to seating capacity or maximum allowable gross weight, this insurance shall
nevertheless remain effective, but the Limit of Settlement to be offered under
the said Endorsement for death or loss of two limbs or loss of sight of two
eyes or loss of one limb and loss of sight of one eye or permanent total
disablement in respect of any passenger shall be calculated by dividing the
“each accident” limit stated in the said Endorsement by the total number of
passengers in the aircraft. The Limit of
Settlement to be offered for loss of one limb or loss of sight of one eye shall
also be reduced pro rata. Nevertheless
this insurance shall be null and void in the event that the number of
passengers carried in the aircraft at the time of the accident exceeds that
declared in the Policy.
It is further understood and agreed that except as
specifically provided in the foregoing to the contrary, this Clause is subject
to the terms, exclusions, conditions and limitations of the policy to which it
is attached.
AVN 36
5.12.61
AVN 37B EXCESS AVIATION LIABILITY FORM
Policy Schedule
Item 1. Name and Address
of the Insured
Item 2. Policy Period
From
To
Item 3. Hazards Covered
The
Insured’s legal liability arising out of
as
covered by and as more fully set forth in the Primary Policy
Item 4. Limits of
Liability
(a)
Combined Primary
and Underlying Excess Limit(s)
(b)
Total limit of
liability under this Policy and the Primary and Underlying Excess Policies
combined
(c)
Excess Limit
Item 5. Primary and
Underlying Excess Policy Details and Limits
Primary
Insurers
Policy
Number
Limit
Underlying
Excess Insurers
Policy
Number
Limit
Item 6. Premium
Item 7. Address
for Notices
All
notices required to be given by the terms and conditions of this Policy shall
be given to
We
the Insurers agree, to the extent and in the manner hereinafter provided, and
in consideration of the payment of the Premium, to pay on behalf of the Insured
all sums which the Insured shall become legally obligated to pay as damages in
respect of bodily injury and/or property damage caused by an Occurrence during
the Policy Period, and arising out of the Hazards Covered set forth in Item 3
of the Policy Schedule.
PROVIDED ALWAYS THAT:
1. Liability
attaches to the Insurers only after the Primary and Underlying Excess Insurers
have
paid or have been held liable to pay the full amount set forth in Item 4 (a) of
the Policy
Schedule in respect of the Ultimate Net Loss and then
(a) the
limit of liability under this Policy will be such amount of the Ultimate Net
Loss as will provide the Insured with a total limit under the Primary and
Underlying Excess Policies and this Policy combined as set forth in Item 4 (b)
of the Policy Schedule; or
(b) if
no amount is set forth in Item 4 (b) of the Policy Schedule the limit of
liability under this Policy shall be such amount of the Ultimate Net Loss as
set forth in Item 4 (c) of the Policy Schedule excess of the limit set forth in
Item 4 (a) of the Policy Schedule.
2.
The limit of
liability under this Policy as stated in Item 4 of the Policy Schedule shall
not be increased by the inclusion hereon of more than one Insured whether by
endorsement or otherwise.
3.
If any of the
Hazards Covered by this Policy is subject to an aggregate limit of liability in
the Primary Policy then the limit of liability under this Policy shall, as
respects such hazard, apply in the aggregate for the Policy Period.
4.
If the Hazards
Covered by this Policy include liability arising out of the ownership,
operation or use of aircraft by the Insured and if the Primary Policy provides
that its terms apply separately to each such aircraft, then the terms of this
Policy shall also, as respects that hazard, apply separately to each such
aircraft.
Exclusions
This
Policy does not apply:
1.
To any loss
suffered by the Insured as a result of the inability, refusal or failure to pay
of the Primary and/or Underlying Excess Insurers for any reason whatsoever
including, without limitation, any financial impairment, insolvency or
liquidation.
2.
To claims
excluded by the attached Noise and Pollution and Other Perils Exclusion Clause.
3.
To claims
excluded by the attached Nuclear Risks Exclusion Clause.
4.
To claims
excluded by the attached War, Hi-Jacking and Other Perils Exclusion Clause.
5.
To claims
excluded by the attached Date Recognition Exclusion Clause.
6.
To claims
excluded by the attached Contracts (Rights of Third Parties) Act 1999 Exclusion
Clause.
Definitions
1.
“Ultimate Net
Loss” means the amount payable in settlement of the liability of the Insured
after making deductions for all recoveries and other valid and collectible
insurances, excepting however the Primary and Underlying Excess Policies, and
shall exclude all Excluded Costs and Permitted Costs.
2.
“Excluded Costs”
means all office expenses of the Insured, all expenses for salaried employees
of the Insured and general retainer fees for Counsel normally paid by the
Insured.
3.
“Permitted Costs”
means interest accruing after entry of judgement, investigation, adjustment and
legal expenses (excluding however all expenses for salaried employees of the
Insured and general retainer fees for Counsel normally paid by the Insured).
4.
“Occurrence”
shall be deemed to have the same meaning in this Policy as is attributed to it
in the Primary Policy but, notwithstanding the foregoing, for the purposes of
this Policy all legal obligations of the Insured to pay damages arising out of
exposure to substantially the same general conditions shall be deemed to arise
out of one Occurrence.
Conditions Precedent
It is necessary that the Insured observes and
fulfils the following condition before the Insurers have any liability to make
any payments under this Policy.
1. Maintenance of Primary and Underlying
Excess Insurance
The
Insured shall maintain the Primary and Underlying Excess Policies in full
effect during the currency of this Policy except for any reduction of any
aggregate limits contained therein solely by payment of claims in respect of
Occurrences during the Policy Period stated in Item 2 of the Policy Schedule.
If the Primary and Underlying Excess Policies are not so maintained in full
effect at all times during the currency of this Policy, coverage under this
Policy shall immediately cease.
General Conditions
1.
In respect of the
Hazards Covered set forth in Item 3 of the Policy Schedule, this Policy is
subject (except as regards the Premium, the obligation to investigate and
defend, the renewal agreement, if any, the amount and limit of liability other
than the deductible or self-insurance provision where applicable, and except as
otherwise provided herein), to the same warranties, terms, conditions,
definitions and exclusions as are contained in or may be added to the Primary
Policy prior to the happening of an Occurrence for which claim is made
hereunder. Should any alteration be made in the premium for the Primary Policy
during the currency of this Policy, the Insured shall give notice within thirty
(30) days thereof to the Insurers who shall have the right to amend the Premium
hereon accordingly.
2.
Attachment of
Liability
Liability
to pay under this Policy shall not attach unless and until the Primary and
Underlying Excess Insurers have paid or have been held liable to pay the full
amount of the Primary and Underlying Excess Limit(s) as set forth in Item 4 (a)
of the Policy Schedule.
3. Incurring of Permitted Costs
In
the event of a claim or claims arising which appear likely to exceed the
Primary and Underlying Excess Limit(s), no Permitted Costs shall be incurred by
the Insured without the consent of the Insurers.
4. Apportionment of Costs
Permitted
Costs incurred by or on behalf of the Insured with the written consent of the
Insurers, and for which the Insured is not covered by the Primary and
Underlying Excess Insurers, shall be apportioned as follows:
(a) Should
any claim or claims be resolved prior to the commencement of trial for not more
than the Primary and Underlying Excess Limit(s), then no Permitted Costs shall
be payable by the Insurers.
(b) Should,
however, the amount for which the said claim or claims may be resolved exceed
the Primary and Underlying Excess Limit(s), then the Insurers, if they consent
to the proceedings continuing, shall contribute to the Permitted Costs incurred
by or on behalf of the Insured in the ratio that the amount they are liable to
pay in respect of the Ultimate Net Loss bears to the whole amount of the
Ultimate Net Loss.
In
the event that the Insured elects not to appeal a judgement in excess of the
Primary and Underlying Excess Limit(s) the Insurers may elect to conduct such
appeal at their own cost and expense and shall be liable for the taxable or
assessable court costs and interest incidental thereto, but in no event shall
the total liability of the Insurers exceed the limit of liability under this
Policy as provided for herein, plus the expenses of such appeal.
5. Application of Recoveries
All
recoveries or payments recovered or received subsequent to a loss settlement
under this Policy shall be applied as if recovered or received prior to such
settlement and all necessary adjustments shall then be made between the Insured
and the Insurers, provided always that nothing in this Policy shall be
construed to mean that losses under this Policy are not payable until the
Insured’s Ultimate Net Loss has been finally ascertained.
6. Notification of Claims
In
the event of an Occurrence likely to give rise to a claim hereunder notice
shall be given by the Insured to the Insurers as soon as reasonably possible,
in accordance with Item 7 of the Policy Schedule.
7. Fraudulent Claims
If
the Insured shall make any claim knowing the same to be false or fraudulent as
regards amount or otherwise, this Policy shall become void and all claims
hereunder shall be forfeited.
8. Law and Jurisdiction
This
Policy shall be governed by the laws of
9. Variation in Risk
The
Insured, upon being aware of any material change in the circumstances or nature
of the risks covered by this Policy, shall give immediate notice thereof to the
Insurers who shall have the right to amend the Premium hereon accordingly.
.10. Cancellation
This
Policy may be cancelled at any time at the written request of the Insured or
may be cancelled by or on behalf of the Insurers provided not less than thirty
(30) days notice in writing be given.
The
premium to be retained by the Insurers in the event of cancellation by the
Insured shall be calculated as follows:
(a) If the premium is on an adjustable basis:
the earned premium hereon for the period that this Policy has been in force or
the short rate proportion of any minimum premium calculated in accordance with
the attached scale, whichever is the greater.
(b) If the premium is on a non-adjustable
basis: the short rate proportion thereof calculated in accordance with the
attached scale.
In
the event of cancellation by the Insurers the premium due to the Insurers shall
be calculated as in (a) and (b) above except that pro rata proportion shall be
substituted for short rate proportion. Notice of cancellation by the Insurers
shall be effective even though the Insurers make no payment or tender of return
premium.
If
the period of limitation relating to the giving of notice is prohibited or made
void by any law controlling the construction hereof, such notice shall be
deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
11. Other Insurance
To
the extent that there is other insurance providing coverage to the subject
claim (other than underlying insurance or insurance that is specifically
intended to be excess of this Policy), the liability of the Insurers under this
Policy shall be limited to their rateable proportion of the claim.
AVIATION CANCELLATION SCALE (applicable to Annual Policies)
1 month on risk 20% annual
premium 2 months on risk 30% annual premium 3 months on risk 40% annual premium 4 months on risk 50% annual premium 5 months on risk 60% annual
premium 6 months on risk 70% annual premium 7 months on risk 75% annual premium 8 months on risk 80% annual premium 9 months on risk 85% annual premium Over 9 months equivalent to Annual.
|
AVN 37B 10.10.02
AVN 38B NUCLEAR RISKS EXCLUSION CLAUSE
(1) This
Policy does not cover
(i) loss
of or destruction of or damage to any property whatsoever or any loss or
expense whatsoever resulting or arising therefrom or any consequential loss
(ii) any
legal liability of whatsoever nature directly or indirectly caused by or
contributed to by or arising from:
(a) the radioactive, toxic, explosive or
other hazardous properties of any explosive nuclear assembly or nuclear
component thereof ;
(b) the radioactive properties of, or a
combination of radioactive properties with toxic, explosive or other hazardous
properties of, any other radioactive material in the course of carriage as
cargo, including storage or handling incidental thereto;
(c) ionizing radiations or contamination
by radioactivity from, or the toxic, explosive or other hazardous properties
of, any other radioactive source whatsoever.
(2)
It is understood and agreed that such radioactive
material or other radioactive source in paragraph (1) (b) and (c) above shall
not include :
(i)
depleted uranium and natural uranium in any form ;
(ii)
radioisotopes which have reached the final stage of
fabrication so as to be usable for any scientific, medical, agricultural,
commercial, educational or industrial purpose.
(3)
This Policy, however, does not cover loss of or
destruction of or damage to any property or any consequential loss or any legal
liability of whatsoever nature with respect to which :
(i)
the Insured under this Policy is also an insured or an
additional insured under any other insurance policy, including any nuclear
energy liability policy ; or
(ii)
any person or organization is required to maintain
financial protection pursuant to legislation in any country ; or
(iii)
the Insured under this Policy is, or had this Policy
not been issued would be, entitled to indemnification from any government or
agency thereof.
(4)
Loss, destruction, damage, expense or legal liability
in respect of the nuclear risks not excluded by reason of paragraph ( 2) shall
(subject to all other terms, conditions, limitations, warranties and exclusions
of this Policy) be covered, provided that :
(i)
in the case of any claim in respect of radioactive
material in the course of carriage as cargo, including storage or handling
incidental thereto, such carriage shall in all respect have complied with the
full International Civil Aviation Organization “Technical Instructions for the
Safe Transport of Dangerous Goods by Air”, unless the carriage shall have been
subject to any more restrictive legislation, when it shall in all respects have
complied with such legislation ;
(ii)
this Policy shall only apply to an incident happening
during the period of this Policy and where any claim by the Insured against the
Insurers or by any claimant against the Insured arising out of such incident
shall have been made within three years after the date thereof ;
(iii)
in the case of any claim for the loss of or
destruction of or damage to or loss of use of an aircraft caused by or
contributed to by radioactive contamination, the level of such contamination
shall have exceeded the maximum permissible level set out in the following
scale:
Emitter (IAEA Health and Safety Regulations)
Beta, gamma and low toxicity alpha emitters
All other alpha emitters |
Maximum permissible level of non fixed radioactive
surface contamination
Not exceeding
4 Bequerels/cm2 (10-4 microcuries/cm2)
Not exceeding 0.4 Bequerels/cm2 (10-5 microcuries/cm2)
|
(iv) the
cover afforded hereby may be cancelled at any time by the Insurers giving seven
days' notice of cancellation.
AVN 38B
22.7.96
AVN
41A REINSURANCE UNDERWRITING AND CLAIMS
CONTROL CLAUSE
1. This Policy is
a reinsurance of................................. and it is warranted to be at
the same gross rate, terms and conditions as those applying to the Reinsured(s)
as agreed at inception.
2. It is further
warranted that the Reinsured(s) will retain during the currency of this Policy
the amount as agreed by the Reinsurers at inception.
3. Subject to the
foregoing, it is a condition precedent to any liability under this Reinsurance
that:
(a) no amendment
to the terms or conditions of, or additions to or deletions from the original
policy shall be binding upon the Reinsurers unless prior agreement has been
obtained from the said Reinsurers;
(b) the
Reinsured(s) shall upon knowledge of any loss or losses which may give rise to
a claim under this Reinsurance, advise the Reinsurers within 72 hours;
(c) the
Reinsured(s) shall furnish the Reinsurers with all information available
respecting such loss or losses, and the Reinsurers shall have the sole right to
appoint adjusters, assessors, surveyors and/or lawyers and to control all
negotiations, adjustments and settlements in connection with such loss or
losses.
AVN 41A 4.2.02
AVN
42 DOCUMENTS OF CARRIAGE CLAUSE
1. It is a condition of this Policy that the Insured will take
all reasonable steps to ensure that
(a) before a passenger boards the Aircraft, or when the Insured
takes charge of registered/checked baggage and/or cargo, the appropriate
Document of Carriage (correctly completed so as to identify the contract of
carriage and to exclude or limit the Insured’s legal liability) is delivered to
the passenger or consignor/shipper as the case may be
(b) suitable evidence of compliance with the foregoing is preserved
and made available to Insurers upon request
2. In the event of failure by the Insured to comply with the
foregoing condition, the amount of Insurers’ liability shall not exceed the sum
for which the Insured would have been legally liable if the aforesaid failure
had not occurred, subject always to the Policy limits.
3. As used herein:
“Document of Carriage” means a passenger ticket, baggage ticket/check or
an air consignment note/air waybill (whichever is relevant to liability covered
by this Policy) of which the form, the Conditions of Contract (including any
applicable Tariff or Conditions of Carriage) and the usage thereof are either
(i) in accordance with current and relevant Resolutions adopted by
members of the International Air Transport Association
or (ii) approved
in writing by Insurers in any other case.
AVN 42 1.10.96
AVN
44 MUTUAL REVISION CLAUSE (AVIATION
LIABILITY)
1. As
used herein "Warsaw Convention" means the Convention for the
Unification of Certain Rules relating to International Carriage by Air signed
at Warsaw, October 12th 1929 or any amendment or supplement to that Convention
whether by means of Protocol, additional, new or supplemental Convention or
otherwise.
2. If
at any time during the currency of this Policy the Insured's legal liability
may be affected by any one or any combination of the following events:
(a)
Any ratification
or denunciation of, or accession or adherence to, the Warsaw Convention or if
the Warsaw Convention ceases to apply in respect of any State or Territory
where it was previously in force
(b)
Any alteration of liability in conformity with any
Government or other official requirement or commercial agreement or by means of
a Special Contract or Tariff provision in accordance with the Warsaw Convention
THEN notwithstanding any other provisions of the
Policy, and in contemplation of any of the above events, either the Insured or
the Insurers shall have the right to request a revision of terms and
conditions. Revised terms and conditions
agreed by the parties hereto shall, unless otherwise agreed, become operative
if and when the events (or event) relevant to the aforesaid revision become(s)
effective.
3. If
no agreement is reached on revised terms and conditions on the expiry of 60
days from the date of a written request for the aforesaid revision, then either
party shall have the right to give 30 days notice of cancellation of the
Policy.
AVN 44 1.10.96
AVN 44A PASSENGER LIABILITY (MUTUAL REVISION &
SPECIAL CONTRACTS) CLAUSE
1. As
used herein "Warsaw Convention" means the Convention for the
Unification of Certain Rules relating to International Carriage by Air signed
at Warsaw, October 12th, 1929, or any amendment or supplement to that
Convention whether by means of Protocol, additional, new or supplemental
Convention or otherwise.
2. MUTUAL REVISION. If at any time during the currency of this
Policy the Insured's legal liability may be affected by any one or any
combination of the following events:
(a)
any ratification or denunciation of, or accession or
adherence to, the Warsaw Convention or if the Warsaw Convention ceases to apply
in respect of any State or Territory where it was previously in force.
(b)
Any alteration of liability by national legislation or
in conformity with any Government or other official requirement
THEN
notwithstanding any other provisions of the Policy, and in contemplation of any
of the above events, either the Insured or the Insurers shall have the right to
request a revision of terms and conditions. Revised terms and conditions agreed
by the parties hereto shall, unless otherwise agreed, become operative if and
when the events (or event) relevant to the aforesaid revision become(s)
effective.
If
no agreement is reached on revised terms and conditions on the expiry of 60
days from the date of a written request for the aforesaid revision, then either
party shall have the right to give 30 days’ notice of cancellation of the
Policy.
3. SPECIAL
CONTRACTS. Subject to the prior approval
of Insurers and in consideration of additional premium this Policy may be
extended to cover the Insured's legal liability in respect of Special
Contracts. As used herein "Special Contract" means
(i)
an agreement between the Insured and a passenger for a
higher limit of liability in accordance with Article 22(1) of the Warsaw
Convention, or
(ii)
any other agreement between the Insured and a
passenger whereby the Insured assumes increased legal liability in respect of
the passenger's death or injury.
Special
Contracts which have been approved as aforesaid are identified by the documents
annexed hereto being either Specimen Tickets, Tariff(s), Conditions of Contract
or of Carriage, and Notices to Passengers, or alternatively Copies of
Agreements between carriers requiring the parties thereto to enter into Special
Contracts.
4.
Nothing herein shall be deemed to alter the limits of
Insurers' liability as specified in the Policy. Any condition of the Policy
relating to contractual agreements is varied only as may be necessary to the
extent herein provided.
AVN 44A 1.10.96
(If the documents referred to in the
final paragraph of 3. above are not annexed to the policy said paragraph should
be deleted.)
AVN 46B NOISE AND POLLUTION AND OTHER PERILS EXCLUSION
CLAUSE
1. This
Policy does not cover claims directly or indirectly occasioned by, happening
through or in consequence of:-
(a) noise
(whether audible to the human ear or not), vibration, sonic boom and any
phenomena associated
therewith,
(b) pollution
and contamination of any kind whatsoever,
(c) electrical
and electromagnetic interference,
(d) interference
with the use of property;
unless caused by or resulting in a crash, fire,
explosion, or collision or a recorded in-flight emergency causing abnormal
aircraft operation.
or a recorded
in-flight emergency causing abnormal aircraft operation.
2. With
respect to any provision in the Policy concerning any duty of Insurers to
investigate or defend claims, such provision shall not apply and Insurers shall
not be required to defend
(a) claims
excluded by Paragraph 1 or
(b) a
claim or claims covered by the Policy when combined with any claims excluded by
Paragraph 1 (referred to below as "Combined Claims").
3. In
respect of any Combined Claims, Insurers shall (subject to proof of loss and
the limits of the Policy) reimburse the Insured for that portion of the
following items which may be allocated to the claims covered by the Policy:
(i) damages
awarded against the Insured and
(ii) defence
fees and expenses incurred by the Insured.
Nothing herein shall override any
radioactive contamination or other exclusion clause attached to or forming part
of this Policy.
AVN 46B 1.10.96
AVN 47 NOISE COVERAGE POLICY
WE, the Insurers, agree with the Insured named in the
Schedule hereto, in consideration of the payment of the premium, and in
reliance upon the statements in the Schedule hereto:- 1. Subject to the terms, conditions,
exclusions and limits hereof Insurers will indemnify the Insured in respect
of all sums which the Insured shall become legally liable to pay as
compensation (including costs awarded against the Insured) in respect of accidental
bodily injury (fatal or non-fatal) or accidental physical damage to or
destruction of property (including animals) caused by the Noise of an
identified Aircraft as specified in the Schedule hereto. As used herein: "Noise" includes vibration, sonic boom and any phenomena
associated therewith. 2. (a) Insurers shall not be required to defend
claims made against the Insured but may at their own Option and expense (in
addition to any amounts paid in accordance with Paragraph 1) investigate,
defend, compromise and settle in the name of and on behalf of the Insured any
claims covered by Paragraph 1 and, to the extent hereby provided, may also
act as aforesaid in relation to any uninsured claims when combined with any
claims covered by Paragraph 1.
Notwithstanding any exercise of their Option as aforesaid, Insurers
shall only be responsible for that part of any sums paid as compensation
which is in accordance with Paragraph 1. (b) As soon as
practicable following the receipt of Notice from the Insured in accordance
with Paragraph 7 Insurers shall advise the Insured whether they wish to
exercise their Option, and in any event not later than 60 days after Insurers
have received a copy of any Writ, Summons or Complaint or other document
commencing legal proceedings against the Insured in respect of Aircraft Noise. If Insurers advise the Insured that they do
not wish to exercise their Option as aforesaid thereafter Insurers may only
exercise the said Option with the consent of the Insured. 3. If Insurers do not exercise their
Option, they shall contribute in the proportion specified below to the
Insured's costs and expenses necessarily incurred for the purposes of
investigation, defence, settlement, trial or appeal in relation to Aircraft Noise
claims: The total paid by Insurers The
Insured’s as compensation in accordance costs and Insurers’ = with
Paragraph 1 X expenses as contribution The
total paid by or on behalf of aforesaid the Insured as compensation howsoever arising in respect of aircraft Noise |
COVERAGE
INSURERS OPTION TO DEFEND
CONTRIBUTION TO INSURED’S COSTS AND EXPENSES
|
The Insured's costs and expenses as aforesaid shall
not include wages or salary of directors, partners or employees of the
Insured. Any
contribution by Insurers as aforesaid shall be in addition to any sums paid
in accordance with Paragraph 1 subject to an aggregate annual limit as shown
in Item 8 of the Schedule. 4. The Insured shall contribute ten per
cent (10%) towards all claims paid under this policy, including the allocated
claims expense therefor under paragraphs 2(a) and 3. The Insurers may pay any part or all of the
named Insured's contribution in order to effect settlement of any claim or
suit and upon notice to the named Insured, the named Insured shall reimburse
the Insurers for such part of the Insured's contribution as has been paid by
the Insurers. 5. THIS POLICY
DOES NOT APPLY (a) to claims
arising out of or in any way connected with nuisance and/or compensation for
the taking, use of or acquisition of rights to property or airspace and/or
any other direct or indirect consequences of Aircraft Noise except to
the extent provided by Paragraph 1 (b) to any
liability which arises solely by reason of any contract or agreement entered
into by or on behalf of the Insured even if such contract or agreement has
been noted by Insurers (c) to claims by
or in respect of any person or property on board the Aircraft, or any
property owned, rented, occupied or used by or in the care, custody or
control of the Insured (d) while the
Aircraft is being used for any unlawful purpose, or any purpose not specified
in Item 4 of the Schedule hereto (e) while outside
the geographical limits specified in Item 5 of the Schedule hereto unless due
to force majeure (f) while the
Aircraft is operated by anyone other than the Pilot(s) specified in Item 6 of
the Schedule hereto 6. This Policy
does not cover claims directly or indirectly occasioned by happening through
or in consequence of:- (a) War,
invasion, acts of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, martial law, military
or usurped power or attempts at usurpation of power. (b) Any hostile
detonation of any weapon of war employing atomic or nuclear fission and/or
fusion or other like reaction or radioactive force or matter. (c) Strikes,
riots, civil commotions or labour disturbances.
|
INSURED’S CONTRIBUTION
EXCLUSIONS
WAR, HI-JACKING AND OTHER PERILS EXCLUSION
|
8. WARRANTED
that in relation to (i) the
control and minimisation of Noise and (ii) airworthiness,
operation, maintenance and repair of aircraft the Insured will take all reasonable
steps to ensure that the Aircraft and all those engaged in its operation and
maintenance will (a) comply with
any applicable Laws and Regulations (including any rules and instructions of
airport, Air Traffic Control and airworthiness authorities) and (b) follow any
applicable instructions or recommendations of Aircraft, Engine and
Operational Equipment designers and manufacturers.
|
WARRANTY
|
|
9.
(i)
Insurers' liability shall not exceed the limits specified in Item 8 (ii)
Notwithstanding
the inclusion herein of more than one Insured whether by endorsement or
otherwise, the total liability of Insurers in respect of any or all Insureds
shall not exceed the amounts specified in Item 8 of the Schedule hereto. (iii)
If the
risk covered herein is insured by, or would, but for the existence of this
policy, be insured by any other policy or policies, then this policy shall
only pay in excess of any amount which is or would have been payable under
such other policy or policies. (iv)
The due observance and fulfilment of the
terms provisions, conditions and endorsements of this Policy shall be
conditions precedent to any liability of the Insurers to make any payment
under this Policy (v)
If the
Insured shall make any claim knowing the same to be false or fraudulent as
regards amount or otherwise this policy shall become void and all claims
thereunder shall be forfeited. (vi)
Should
there be any change in the circumstances or nature of the risks which are the
basis of this contract the Insured shall give immediate notice thereof to the
Insurers and no claim arising subsequent to such change shall be recoverable
hereunder unless such change has been accepted by the Insurers. (vii)
This
Policy may be cancelled at any time by the Insurers giving 10 days' notice in
writing of such cancellation. In such
event the Insurers will return in respect of the unexpired period a pro rata
portion of the premium. (viii)
This
Policy shall not be assigned in whole or in part except with the consent of
the Insurers verified by endorsement hereon.
|
GENERAL CONDITIONS |
|
(ix)
All
differences arising out of this Policy shall be referred to the decision of
an Arbitrator to be appointed in writing by the parties in difference or if
they cannot agree upon a single Arbitrator to the decision of two Arbitrators
one to be appointed in writing by each of the parties within one calendar
month after having been required in writing so to do by either of the parties
or in case the Arbitrators do not agree of an Umpire appointed in writing by
the Arbitrators before entering upon the reference. The Umpire shall sit with the Arbitrators
and preside at their meetings and the making of an Award shall be a condition
precedent to any right of action against the Insurers. If the Insurers shall disclaim liability to
the Insured for any claim hereunder and such claim shall not within twelve
calendar months from the date of such disclaimer have been referred to
arbitration under the provisions herein contained then the claim shall for
all purposes be deemed to have been abandoned and shall not thereafter be
recoverable hereunder. Unless
otherwise mutually agreed between the parties such arbitration shall take
place in AVN 47
1.10.96 |
|
|
THE SCHEDULE
PREMIUM ............................................ POLICY NO.
.....................................
1. Name of
Insured
2. Address
3. Period of
Insurance
4. Purposes for
which Aircraft may be used
5. Geographical
Limits
6.
Pilots
7. Aircraft
insured hereby: -
(a) Manufacture
(b) Model designation
(c)
Registration Marks
8. Limits of
Insurers' Liability
The Liability of Insurers shall not exceed the following
amounts:-
.........................................
any one aircraft any one occurrence but not exceeding
.........................................
in the aggregate during any one Policy year
9. Notice to
Insurers
Notice to Insurers in accordance with
Paragraph 7 shall be given to:-
....................................................................................................................
AVN 47 1.10.96
AVN 48B WAR, HI-JACKING AND OTHER PERILS EXCLUSION
CLAUSE
This policy
does not cover claims caused by
(a)
War, invasion, acts of foreign enemies, hostilities,
(whether war be declared or not), civil war, rebellion, revolution,
insurrection, martial law, military or usurped power or attempts at usurpation
of power.
(b)
Any hostile detonation of any weapon of war employing
atomic or nuclear fission and/or fusion or other like reaction or radioactive
force or matter.
(c)
Strikes, riots, civil commotion’s or labor
disturbances.
(d)
Any act of one or more persons, whether or not agents
of a sovereign Power, for political or terrorist purposes and whether the loss
or damage resulting therefrom is accidental or intentional.
(e)
Any malicious act or act of sabotage.
(f)
Confiscation, nationalization, seizure, restraint,
detention, appropriation, requisition for title or use by or under the order of
any Government (whether civil military or de facto) or public or local
authority.
(g)
Hi-jacking or any unlawful seizure or wrongful
exercise of control of the aircraft or crew in flight (including any attempt at
such seizure or control) made by any person or persons on board the aircraft
acting without the consent of the Insured.
Furthermore,
this Policy does not cover claims arising whilst the aircraft is outside the
control of the Insured by reason of any of the above perils. The aircraft shall
be deemed to have been restored to the control of the Insured on the safe
return of the aircraft to the Insured at an airfield not excluded by the
geographical limits of this Policy, and entirely suitable for the operation of
the aircraft (such safe return shall require that the aircraft be parked with
engines shut down and under no duress.)
AVN 48B 1.10.96
AVN 48C WAR, HI-JACKING AND OTHER PERILS EXCLUSION
CLAUSE (AVIATION)
This
Policy does not cover claims caused by
(a)
War, invasion,
acts of foreign enemies, hostilities (whether war be declared or not), civil
war, rebellion, revolution, insurrection, martial law, military or usurped
power or attempts at usurpation of power.
(b)
Any
(i) hostile
detonation of any device employing atomic or nuclear fission and/or fusion or
other like reaction.
(ii) hostile
use of radioactive contamination or matter.
(iii) hostile
use of an electromagnetic pulse.
(iv) use
of chemical or biological materials that are poisonous or pathogenic arising
from war, invasion, acts of foreign enemies, hostilities (whether war be
declared or not), civil war, rebellion, revolution, insurrection, martial law,
military or usurped power or attempts at usurpation of power, or use of such
materials for political or terrorist purposes and whether the loss or damage
resulting therefrom is accidental or intentional.
(c)
Strikes, riots,
civil commotions or labor disturbances.
(d)
Any act of one or
more persons, whether or not agents of a sovereign power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is
accidental or intentional.
(e)
Any malicious act
or act of sabotage.
(f)
Confiscation,
nationalisation, seizure, restraint, detention, appropriation, requisition for
title or use by or under the order of any government (whether civil, military
or de facto) or public or local authority.
(g)
Hi-jacking or any
unlawful seizure or wrongful exercise of control of the Aircraft or crew in
flight (including any attempt at such seizure or control) made by any person or
persons on board the Aircraft acting without the consent of the Insured. For
the purpose of this exclusion (g) only, an aircraft is considered to be in
flight at any time from the moment when all its external doors are closed
following embarkation until the moment when any such door is opened for
disembarkation or when the aircraft is in motion. A rotor-wing aircraft shall
be deemed to be in flight when the rotors are in motion as a result of engine
power, the momentum generated therefrom, or autorotation.
Furthermore
this Policy does not cover claims arising whilst the Aircraft is outside the
control of the Insured by reason of any of the above perils. The Aircraft shall
be deemed to have been restored to the control of the Insured on the safe
return of the Aircraft to the Insured at an airfield not excluded by the
geographical limits of this Policy, and entirely suitable for the operation of
the Aircraft (such safe return shall require that the Aircraft be parked with
engines shut down and under no duress).
AVN48C
04.8.06
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVN 48D WAR,
HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION)
This
Policy does not cover claims caused by
(a)
War, invasion,
acts of foreign enemies, hostilities (whether war be declared or not), civil
war, rebellion, revolution, insurrection, martial law, military or usurped
power or attempts at usurpation of power.
(b)
Any hostile
(i) detonation
of any device employing atomic or nuclear fission and/or fusion or other like
reaction and any radioactive contamination and electromagnetic pulse resulting
directly from such detonation.
(ii) use
of radioactive contamination or matter.
(iii) use
of an electromagnetic pulse.
(iv) emission,
discharge, or release of chemical or biological materials that are poisonous or
pathogenic.
(c)
Strikes, riots,
civil commotions or labor disturbances.
(d)
Any act of one or
more persons, whether or not agents of a sovereign power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is
accidental or intentional.
(e)
Any malicious act
or act of sabotage.
(f)
Confiscation,
nationalization, seizure, restraint, detention, appropriation, requisition for
title or use by or under the order of any government (whether civil, military
or de facto) or public or local authority.
(g)
Hi-jacking or any
unlawful seizure or wrongful exercise of control of the Aircraft or crew in
flight (including any attempt at such seizure or control) made by any person or
persons on board the Aircraft acting without the consent of the Insured. For
the purpose of this exclusion (g) only, an aircraft is considered to be in
flight at any time from the moment when all its external doors are closed
following embarkation until the moment when any such door is opened for
disembarkation or when the aircraft is in motion. A rotor-wing aircraft shall
be deemed to be in flight when the rotors are in motion as a result of engine
power, the momentum generated therefrom, or autorotation.
Furthermore
this Policy does not cover claims arising whilst the Aircraft is outside the
control of the Insured by reason of any of the above perils. The Aircraft shall
be deemed to have been restored to the control of the Insured on the safe
return of the Aircraft to the Insured at an airfield not excluded by the
geographical limits of this Policy, and entirely suitable for the operation of
the Aircraft (such safe return shall require that the Aircraft be parked with
engines shut down and under no duress).
AVN 48D
04.8.06
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVN 51 EXTENDED COVERAGE ENDORSEMENT (AIRCRAFT
HULLS)
Notwithstanding the contents of the
War, Hi-jacking and Other Perils Exclusion Clause forming part of this Policy, it is hereby understood and agreed that
this Policy is extended to cover claims caused by the following risks:-
(i) Strikes,
riots, civil commotions or labour disturbances;
(ii) Any malicious
act or act of sabotage;
(iii) Hi-jacking or
any unlawful seizure or wrongful exercise of control of the Aircraft or crew in
Flight (including any attempt at such seizure or control) made by any person or
persons on board the Aircraft acting without the consent of the Insured
PROVIDED ALWAYS THAT
1. The above extension shall only apply to
the extent that the loss or damage is not otherwise excluded by (a), (b), (d)
and (f) of the War, Hi-jacking and Other Perils Exclusion Clause
2. the limits of Insurers' liability in
respect of any or all of the risks covered under this endorsement shall not
exceed the sum of ................................................. (in the aggregate during the Policy period)
3. the Insured has paid or has agreed to pay
the additional premium of ..............................required by the
Insurers in respect of this extension
4. the insurance provided by this
endorsement may be cancelled by the Insurers giving notice effective on the
expiry of seven days from midnight GMT on the day on which notice is issued.
AVN 51 1.10.96
AVN 51(A) EXTENDED COVERAGE ENDORSEMENT (AIRCRAFT HULLS)
Notwithstanding
the contents of the War, Hi-jacking and Other Perils Exclusion Clause forming
part of this Policy, it is hereby understood and agreed that this Policy is
extended, SUBJECT to all terms, conditions, limitations, warranties, exclusions
and cancellation provisions of the Policy except as specifically varied or
provided by the terms of this Endorsement, to cover claims caused by the
following risks:-
i.
Strikes, riots, civil commotions or labor
disturbances;
ii.
Any malicious act or act of sabotage;
iii.
Hi-jacking or any unlawful seizure or wrongful
exercise of control of the Aircraft or crew in flight (including any attempt at
such seizure or control) made by any person or persons on board the Aircraft
acting without the consent of the Insured. For the purpose of this paragraph
only, an aircraft is considered to be in flight at any time from the moment
when all its external doors are closed following embarkation until the moment
when any such door is opened for disembarkation or when the aircraft is in motion.
A rotor-wing aircraft shall be deemed to be in flight when the rotors are in
motion as a result of engine power, the momentum generated therefrom, or
autorotation.
iv.
PROVIDED ALWAYS THAT
1.
The above
extension shall only apply to the extent that the loss or damage is not
otherwise excluded by (a), (b), (d) and (f) of the War, Hi-jacking and Other
Perils Exclusion Clause
2.
the limits of Insurers’ liability in respect of any or all of the risks
covered under this Endorsement shall not exceed the sum of (in
the aggregate during the Policy period)
3.
the Insured has paid or has agreed to pay the additional premium of
required by the Insurers in respect of this extension
4.
the insurance
provided by this Endorsement may be cancelled by the Insurers giving notice
effective on the expiry of seven days from midnight GMT on the day on which
notice is issued.
AVN 51(A)
04.8.06
In common with all AICG produced AVN Clauses, this
Clause is published by AICG, but it is expressly non-binding
and AICG makes no recommendation as to its use in particular policies. Insurers
are of course free to offer different policy wordings and clauses to their
policy holders.
AVN
52C EXTENDED
COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
............................................... it is hereby understood and
agreed
that with effect from ............................ , all sub-paragraphs other
than
...............................................
of Clause AVN 48B forming part of this Policy are deleted
SUBJECT
TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B. Cover
shall not include liability for damage to any form of property on the ground
situated outside
3. AUTOMATIC
TERMINATION
To
the extent provided below, cover extended by this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People's Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN48B
-
upon the hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter
wheresoever or whensoever such detonation may occur and whether or not the
Insured Aircraft may be involved
(iii) All
cover in respect of any of the Insured Aircraft requisitioned for either title
or use
-
upon such requisition
PROVIDED
THAT if an Insured Aircraft is in the air when (i), (ii) or (iii) occurs, then
the cover provided by this Endorsement (unless otherwise cancelled, terminated
or suspended) shall continue in respect
of such an Aircraft until completion of its first landing thereafter and any
passengers have disembarked.
4. REVIEW AND CANCELLATION
(a) Review
of Premium and/or Geographical Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given.
(b) Limited Cancellation (48 hours)
Following a hostile
detonation as specified in 3 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of
Clause AVN 48B - such notice to become effective on the expiry of forty-eight
hours from 23.59 hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN
AVN 52D EXTENDED
COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
.............................................., it is hereby understood and
agreed that with effect from ............................ , all sub-paragraphs
other than ............................................... of Clause AVN 48B
forming part of this Policy are deleted
SUBJECT TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B.
Cover shall not include liability for
damage to any form of property on the ground situated outside
3. LIMITATION OF LIABILITY
The limit of Insurers' liability in
respect of the coverage provided by this Endorsement shall be US$ 50,000,000 or the applicable policy limit
whichever the lesser any one Occurrence and in the annual aggregate (the
“sub-limit”). This sub-limit shall apply within the full Policy limit and not
in addition thereto.
To the
extent coverage is afforded to an Insured under the Policy, this sub-limit
shall not apply to such Insured’s liability:
(a)
to the passengers (and for their
baggage and personal effects) of any aircraft operator to whom the Policy
affords cover for liability to its passengers arising out of its operation of
aircraft;
(b)
for
cargo and mail while it is on board the aircraft of any aircraft operator to
whom the Policy affords cover for liability
for such cargo and mail arising out of its operation of aircraft.
4. AUTOMATIC TERMINATION
To the extent provided below, cover
extended by this Endorsement shall TERMINATE AUTOMATICALLY in the following
circumstances:
(i) All cover
- upon the outbreak of war (whether
there be a declaration of war or not) between any two or more of the following
States, namely, France, the People’s Republic of China, the Russian Federation,
the United Kingdom, the United States of America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN 48B
- upon the hostile detonation of any
weapon of war employing atomic or nuclear fission and/or fusion or other like
reaction or radioactive force or matter wheresoever or whensoever such
detonation may occur and whether or not the Insured Aircraft may be involved
(iii) All cover in respect of any of the Insured
Aircraft requisitioned for either title or use
- upon such requisition
PROVIDED THAT if an Insured Aircraft
is in the air when (i), (ii) or (iii) occurs, then the cover provided by this
Endorsement (unless otherwise cancelled, terminated or suspended) shall
continue in respect of such an Aircraft until completion of its first landing
thereafter and any passengers have disembarked.
5. REVIEW AND CANCELLATION
(a) Review of Premium and/or Geographical
Limits (7 days)
Insurers may give notice to review
premium and/or geographical limits - such notice to become effective on the
expiry of seven days from 23.59 hours GMT on the day on which notice is given.
(b) Limited
Cancellation (48 hours)
Following a hostile detonation as
specified in 4 (ii) above, Insurers may give notice of cancellation of one or
more parts of the cover provided by paragraph 1 of this Endorsement by
reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of Clause AVN 48B -
such notice to become effective on the expiry of forty-eight hours from 23.59
hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The cover provided by this Endorsement
may be cancelled by either Insurers or the Insured giving notice to become
effective on the expiry of seven days from 23.59 hours GMT on the day on which
such notice is given.
(d) Notices
All notices referred to herein shall
be in writing.
AVN 52E
EXTENDED COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
.............................................., it is hereby understood and
agreed that with effect from ............................ , all sub-paragraphs
other than ............................................... of Clause AVN 48B
forming part of this Policy are deleted
SUBJECT TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B.
Cover shall not include liability for
damage to any form of property on the ground situated outside
3. LIMITATION OF LIABILITY
The limit of Insurers' liability in
respect of the coverage provided by this Endorsement shall be a sub-limit of ......................................... or the applicable Policy limit whichever the
lesser any one Occurrence except with respect to passengers to whom the full
Policy limit(s) shall apply. This sub-limit shall apply within the full Policy
limit and not in addition thereto.
4. AUTOMATIC TERMINATION
To the extent provided below, cover
extended by this Endorsement shall TERMINATE AUTOMATICALLY in the following
circumstances:
(i) All cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People’s Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN 48B
-
upon the hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter
wheresoever or whensoever such detonation may occur and whether or not the
Insured Aircraft may be involved
(iii) All cover in respect of any of the Insured
Aircraft requisitioned for either title or use
-
upon such requisition
PROVIDED THAT if an Insured Aircraft is in the air
when (i), (ii) or (iii) occurs, then the cover provided by this Endorsement
(unless otherwise cancelled, terminated or suspended) shall continue in respect
of such an Aircraft until completion of its first landing thereafter and any
passengers have disembarked.
5. REVIEW AND CANCELLATION
(a) Review of Premium and/or Geographical
Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given
(b) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of
Clause AVN 48B - such notice to become effective on the expiry of forty-eight
hours from 23.59 hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52F EXTENDED
COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
.............................................., it is hereby understood and
agreed that with effect from ............................ , all sub-paragraphs
other than ............................................... of Clause AVN 48B
forming part of this Policy are deleted
SUBJECT TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B.
Cover shall not include liability for
damage to any form of property on the ground situated outside
3. LIMITATION OF LIABILITY
The limit of Insurers' liability in
respect of the coverage provided by this Endorsement shall be .................................. or the
applicable Policy limit whichever the lesser any one Occurrence and in the annual
aggregate (the “sub-limit”). This sub-limit shall apply within the full Policy
limit and not in addition thereto.
To the
extent coverage is afforded to an Insured under the Policy, this sub-limit
shall not apply to such Insured’s liability:
(a)
to the passengers (and for their
baggage and personal effects) of any aircraft operator to whom the Policy
affords cover for liability to its passengers arising out of its operation of
aircraft;
(b)
for cargo and mail while it is on board the aircraft of any aircraft
operator to whom the Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft.
5. REVIEW AND CANCELLATION
(a) Review of Premium and/or Geographical
Limits (7 days)
Insurers may give notice to review
premium and/or geographical limits - such notice to become effective on the
expiry of seven days from 23.59 hours GMT on the day on which notice is given.
(b) Limited Cancellation (48 hours)
Following a hostile detonation as
specified in 4 (ii) above, Insurers may give notice of cancellation of one or
more parts of the cover provided by paragraph 1 of this Endorsement by
reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of Clause AVN 48B -
such notice to become effective on the expiry of forty-eight hours from 23.59
hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The cover provided by this Endorsement
may be cancelled by either Insurers or the Insured giving notice to become
effective on the expiry of seven days from 23.59 hours GMT on the day on which
such notice is given.
(d) Notices
All notices referred to herein shall
be in writing.
AVN 52E 12.12.01
AVN 52F EXTENDED COVERAGE
ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
.............................................., it is hereby understood and
agreed that with effect from ............................ , all sub-paragraphs
other than ............................................... of Clause AVN 48B
forming part of this Policy are deleted
SUBJECT TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B.
Cover shall not include liability for
damage to any form of property on the ground situated outside
3. LIMITATION OF LIABILITY
The limit of Insurers' liability in
respect of the coverage provided by this Endorsement shall be a sub-limit of
US$ 50,000,000 or the applicable Policy limit whichever the lesser any one
Occurrence and in the annual in aggregate. This
sub-limit shall apply within the full Policy limit and not in addition thereto.
4. AUTOMATIC TERMINATION
To the extent provided below, cover
extended by this Endorsement shall TERMINATE AUTOMATICALLY in the following
circumstances:
(i) All cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People’s Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN 48B
-
upon the hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter
wheresoever or whensoever such detonation may occur and whether or not the
Insured Aircraft may be involved
(iii) All cover in respect of any of the Insured
Aircraft requisitioned for either title or use
-
upon such requisition
PROVIDED THAT if an Insured Aircraft
is in the air when (i), (ii) or (iii) occurs, then the cover provided by this
Endorsement (unless otherwise cancelled, terminated or suspended) shall
continue in respect of such an Aircraft until completion of its first landing
thereafter and any passengers have disembarked.
5. REVIEW AND CANCELLATION
(a) Review of Premium and/or Geographical
Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given
(b) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of
Clause AVN 48B - such notice to become effective on the expiry of forty-eight
hours from 23.59 hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN
AVN 52G
EXTENDED COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN 48B), IN CONSIDERATION of an Additional Premium of
.............................................., it is hereby understood and
agreed that with effect from ............................ , all sub-paragraphs
other than ............................................... of Clause AVN 48B
forming part of this Policy are deleted
SUBJECT TO all terms and conditions of this Endorsement.
2. EXCLUSION applicable only to any cover
extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B.
Cover shall not include liability for
damage to any form of property on the ground situated outside
3. LIMITATION OF LIABILITY
The limit of Insurers' liability in
respect of the coverage provided by this Endorsement shall be a sub-limit
of ...................... or the applicable Policy limit whichever the
lesser any one Occurrence and in the annual in aggregate. This sub-limit shall apply within the full Policy limit and not
in addition thereto.
4. AUTOMATIC TERMINATION
To the extent provided below, cover
extended by this Endorsement shall TERMINATE AUTOMATICALLY in the following
circumstances:
(i) All cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People’s Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN 48B
-
upon the hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter
wheresoever or whensoever such detonation may occur and whether or not the
Insured Aircraft may be involved
(iii) All cover in respect of any of the Insured
Aircraft requisitioned for either title or use
-
upon such requisition
PROVIDED THAT if an Insured Aircraft
is in the air when (i), (ii) or (iii) occurs, then the cover provided by this
Endorsement (unless otherwise cancelled, terminated or suspended) shall
continue in respect of such an Aircraft until completion of its first landing
thereafter and any passengers have disembarked.
5. REVIEW AND CANCELLATION
(a) Review of Premium and/or Geographical
Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given
(b) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of
Clause AVN 48B - such notice to become effective on the expiry of forty-eight
hours from 23.59 hours GMT on the day on which notice is given.
(c) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52G 17.10.01
(applicable to coverage provided to services providers)
AVN 52H EXTENDED COVERAGE ENDORSEMENT (AVIATION
LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN
2. EXCLUSION applicable only to any
cover extended in respect of the deletion of sub-paragraph (a) of Clause AVN
Cover
shall not include liability for damage to any form of property on the ground
situated outside
3. LIMITATION OF LIABILITY
The
limit of Insurers' liability in respect of the coverage provided by this
Endorsement shall be …….. or the applicable Policy limit whichever the lesser
any one Occurrence and in the annual aggregate (the “sub-limit”). This
sub-limit shall apply within the full Policy limit and not in addition thereto.
To
the extent coverage is afforded to an Insured under the Policy, this sub-limit
shall not apply to such Insured’s liability:
(a)
to the passengers
(and for their baggage and personal effects) of any aircraft operator to whom
the Policy affords cover for liability to its passengers arising out of its
operation of aircraft;
(b)
for cargo and
mail while it is on board the aircraft of any aircraft operator to whom the
Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft.
4. AUTOMATIC TERMINATION
To
the extent provided below, cover extended by this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All
cover
- upon the outbreak of war (whether there be a
declaration of war or not) between any two or more of the following States,
namely, France, the People’s Republic of China, the Russian Federation, the
United Kingdom, the United States of America
(ii) Any
cover extended by the deletion of sub-paragraph (a) of Clause AVN
-
upon the hostile detonation of any device employing atomic or nuclear fission
and/or fusion or other like reaction wheresoever or whensoever such detonation
may occur and whether or not any aircraft insured under the Policy may be
involved
(iii)
All cover in respect of any
aircraft insured under the Policy that is requisitioned for either title or use
- upon such requisition
PROVIDED
THAT if any aircraft insured under the Policy is in the air when the cover
provided by this endorsement would thereby be terminated under (i), (ii) or
(iii) of this paragraph, then the cover provided by this Endorsement (unless
otherwise cancelled, terminated or suspended) shall continue in respect of such
an Aircraft until completion of its first landing thereafter and any passengers
have disembarked.
5. REVIEW AND CANCELLATION
(a) Review
of Premium and/or Geographical Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given.
(b) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of
Clause AVN
(c) Cancellation
(7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52H 04.8.06
(applicable
to coverage provided to aircraft operators)
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVN
52J EXTENDED
COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-Jacking and Other Perils Exclusion
Clause (Clause AVN
2. EXCLUSION applicable only to any
cover extended in respect of the deletion of sub-paragraph (a) of Clause AVN
Cover
shall not include liability for damage to any form of property on the ground
situated outside
3. LIMITATION OF LIABILITY
The
limit of Insurers' liability in respect of the coverage provided by this
Endorsement shall be ………………. or the applicable Policy limit whichever the
lesser any one Occurrence and in the annual aggregate (the “sub-limit”). This
sub-limit shall apply within the full Policy limit and not in addition thereto.
4. AUTOMATIC TERMINATION
To
the extent provided below, cover extended by this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All
cover
- upon the outbreak of war (whether there be a
declaration of war or not) between any two or more of the following States,
namely, France, the People’s Republic of China, the Russian Federation, the
United Kingdom, the United States of America
(ii) Any
cover extended by the deletion of sub-paragraph (a) of Clause AVN
- upon the hostile detonation of any device
employing atomic or nuclear fission and/or fusion or other like reaction
wheresoever or whensoever such detonation may occur and whether or not any
aircraft insured under the Policy may be involved
(iii) All
cover with respect to any aircraft insured under the Policy that is
requisitioned for either title or use
- upon such requisition
PROVIDED
THAT if any aircraft insured under the Policy is in the air when (i), (ii) or
(iii) occurs, then the cover provided by this Endorsement (unless otherwise
cancelled, terminated or suspended) shall continue in respect of such an
Aircraft until completion of its first landing thereafter and any passengers
have disembarked.
5. REVIEW
AND CANCELLATION
(a) Review of Premium and/or Geographical Limits
(7 days)
Insurers may give notice to review premium and/or geographical limits -
such notice to become effective on the expiry of seven days from 23.59 hours
GMT on the day on which notice is given.
(b) Limited Cancellation (48 hours)
Following a hostile detonation as specified in 4 (ii) above, Insurers
may give notice of cancellation of one or more parts of the cover provided by
paragraph 1 of this Endorsement by reference to sub-paragraphs (c), (d), (e),
(f) and/ or (g) of Clause AVN
(c) Cancellation (7 days)
The cover provided by this Endorsement may be cancelled by either
Insurers or the Insured giving notice to become effective on the expiry of
seven days from 23.59 hours GMT on the day on which such notice is given.
(d) Notices
All notices referred to herein shall be in writing.
AVN 52J 04.8.06
(applicable to coverage provided to service providers)
In common with all AICG produced AVN Clauses, this Clause is published
by AICG, but it is expressly non-binding and AICG makes no recommendation as to
its use in particular policies. Insurers are of course free to offer different
policy wordings and clauses to their policy holders.
AVN 52K EXTENDED COVERAGE ENDORSEMENT (AVIATION
LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-jacking and Other Perils Exclusion
Clause (Clause AVN48D), IN CONSIDERATION of an Additional Premium of………………………,
it is hereby understood and agreed that with effect from………………………the liability
cover provided by the Policy is extended as set out herein, SUBJECT to all
terms, conditions, limitations, warranties, exclusions and cancellation
provisions of the Policy except as specifically varied or provided by the terms
of this Endorsement.
1.1 If this paragraph 1.1 is listed as an
operative paragraph in paragraph 1.4 below paragraphs (a) and (c) to (g) of
Clause AVN48D are deleted;
1.2 If this paragraph 1.2 is listed as an
operative paragraph in paragraph 1.4 below:
(i) such of sub-paragraphs (b)(ii), (b)(iii) and
(b)(iv) of Clause AVN48D as are listed in paragraph 1.5 (i) are deleted in
respect of claims caused by any of the perils set out in those sub-paragraphs
originating solely and directly on board an aircraft and
(ii) such of sub-paragraphs (b)(ii) and (b)(iv)
of Clause AVN48D as are listed in paragraph 1.5 (ii) are deleted in respect of
claims caused by any of the perils set out in those sub-paragraphs originating
other than solely and directly on board an aircraft in so far as claims are
caused by reason of the crash fire explosion or collision or a recorded
emergency causing abnormal operation of an aircraft whilst in flight;
For
the purposes of sub-paragraph 1.2 (ii), "in flight" shall mean the
period commencing from the time the aircraft moves forward in taking off or
attempting to take off, whilst in the air, and until the aircraft completes its
landing run. A rotor - wing aircraft shall be deemed to be in flight when the
aircraft is in the air.
1.3
If this paragraph 1.3 is listed as an operative paragraph in paragraph 1.4
below such of sub-paragraphs (b)(ii),(b)(iii) and (b)(iv) of Clause AVN48D as
are listed in paragraph 1.6 are deleted.
1.4 The operative paragraphs are
……….……………………………………………….
1.5(i)
The sub-paragraphs referred to in paragraph 1.2(i) that are deleted are……………..
1.5(ii)
The sub-paragraphs referred to in paragraph 1.2(ii) that are deleted are…………….
1.6 The sub-paragraphs referred to in
paragraph 1.3 that are deleted are………………..
1.7 Any cover provided by paragraphs 1.2
and/or 1.3 of this Endorsement shall not be excluded by any radioactive
contamination and/or noise and pollution exclusion clauses attached to and
forming part of this Policy but the cover provided by this Endorsement shall
not apply to liability for or costs associated with pollution or contamination
unless such pollution or contamination is caused by a sudden act or event.
2. (a)
EXCLUSIONS applicable generally:
No
cover is provided under this Endorsement for claims excluded by sub-paragraph
(b) (i) of Clause AVN48D.
No
cover is provided under paragraph 1.1 of this Endorsement for claims excluded
by paragraph (b) of Clause AVN48D.
No
cover is provided under this Endorsement by the deletion of sub-paragraph (b)
(iv) of Clause AVN48D for claims excluded by sub-paragraph (b) (ii) of Clause AVN48D.
(b) EXCLUSION applicable only to any cover
extended by this Endorsement in respect of the deletion of any of paragraph
(a), sub-paragraphs (b)(ii), (b)(iii) and (b)(iv) of Clause AVN 48D.
Cover
shall not include liability for damage to any form of property on the ground
situated outside Canada and the United States of America caused by war,
invasion, acts of foreign enemies, hostilities (whether war be declared or not)
civil war, rebellion, revolution, insurrection, martial law, military or
usurped power or attempts at usurpation of power, unless caused by or arising
out of the use of aircraft.
3. LIMITATION OF LIABILITY
3.1 In respect of the cover provided by
paragraph 1.1 of this Endorsement (if it is an operative paragraph) the limit
of Insurers’ liability shall be ………………..any one Occurrence and in the annual
aggregate (the "sub-limit"). This sub-limit is included within and is
not in addition to the full Policy limit.
To
the extent cover is afforded to an Insured under the Policy, this sub-limit
shall not apply to such Insured's liability:
(a) to the passengers (and for their baggage and
personal effects) of any aircraft
operator to whom the Policy affords cover for liability to its passengers
arising out of its operation of aircraft;
(b) for cargo and mail while it is on board the
aircraft of any aircraft operator to whom the Policy affords cover for
liability for such cargo and mail arising out of its operation of aircraft.
3.2 In respect of the cover provided by
paragraph 1.2 of this Endorsement (if it is an operative paragraph) the limit
of Insurers’ liability shall be ………………any one Occurrence and in the annual
aggregate. This limit is included within and is not in addition to the
sub-limit stated in paragraph 3.1 above.
To
the extent cover is afforded to an Insured under the Policy, this limit shall
not apply to such Insured's liability:
(a) to the passengers (and for their baggage and
personal effects) on board the aircraft of any aircraft operator to whom the
Policy affords cover for liability to its passengers arising out of its
operation of aircraft;
(b) for cargo and mail while it is on board the
aircraft of any aircraft operator to whom the Policy affords cover for
liability for such cargo and mail arising out of its operation of aircraft.
3.3 In respect of the cover provided by
paragraph 1.3 of this Endorsement (if it is an operative paragraph) the limit
of Insurers' liability shall be ……………….any one Occurrence and in the annual
aggregate. This limit is included within and is not in addition to the
sub-limit stated in paragraph 3.1 above.
To
the extent cover is afforded to an Insured under the Policy, this limit shall
not apply to such Insured's liability:
(a) to the passengers (and for their baggage and
personal effects) of any aircraft operator to whom the Policy affords cover for
liability to its passengers arising out of its operation of aircraft;
(b) for cargo and mail while it is on board the
aircraft of any aircraft operator to whom the Policy affords cover for
liability for such cargo and mail arising out of its operation of aircraft.
The
limit of Insurers' liability under (a) and (b) above shall be the following
limits which are within and are not in addition to the full Policy limit:
For
liability in respect of passengers…………………………………………..per passenger
For
liability in respect of passengers’ baggage and personal effects …….per passenger
For
liability in respect of cargo and mail:……………………………………....per kilogram
3.4 Where the operative paragraphs include 1.1
and/or 1.2 and/or 1.3, the limit of Insurers’ liability for claims caused by
both a peril set out in any of sub-paragraphs (b)(ii), (b)(iii) and (b)(iv)
that are listed in paragraphs 1.5(i), 1.5(ii) and 1.6 and any other peril for
which insurance is afforded by this Endorsement, shall be the applicable limit
applying to paragraphs 3.2 and/or 3.3 above.
3.5 If paragraphs 1.2 and 1.3 are both
operative paragraphs, only one of the aggregate limits referred to in
paragraphs 3.2 and 3.3 shall apply to claims covered by both paragraphs. If the
aggregate limits are different then only the higher aggregate limit applies to
such claims.
4. AUTOMATIC TERMINATION
To
the extent provided below, cover extended by this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All
cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People's Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any
cover extended by the deletion of paragraph (a) of Clause AVN 48D, and any
cover extended by the deletion of sub-paragraphs (b)(ii), (b) (iii) and (b)
(iv) of Clause AVN48D with respect to claims that are also caused by a peril
set out in paragraph (a) of AVN48D.
-
upon the hostile detonation of any device employing atomic or nuclear fission
and/or fusion or other like reaction wheresoever or whensoever such detonation
may occur and whether or not any aircraft insured under the Policy may be
involved
(iii) All
cover with respect to any aircraft insured under the Policy that is
requisitioned for either title or use
-
upon such requisition
PROVIDED
THAT if any aircraft insured under the Policy is in the air when the cover
provided by this endorsement would thereby be terminated under (i), (ii) or
(iii) of this paragraph, then the cover provided by this Endorsement (unless
otherwise cancelled, terminated or suspended) shall continue in respect of such
an Aircraft until completion of its first landing thereafter and any passengers
have disembarked.
5. REVIEW AND CANCELLATION
(a) Review
of Premium and/or Geographical Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given.
(b) Limited
Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (b)(ii), (b)(iii), (b)(iv) and
paragraphs (c), (d), (e), (f) and/or (g) of Clause AVN48D - such notice to
become effective on the expiry of forty-eight hours from 23.59 hours GMT on the
day on which notice is given.
(c) Cancellation
(7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52K 04.8.06
(applicable
to coverage provided to aircraft operators)
DRAFTERS’ NOTE – AVN52K
This
Note is for guidance only. It is NOT an opinion on the coverage that may be
provided by endorsement AVN52K.
The
endorsement is intended for use with aviation liability policies that include
aircraft liability and, with reference to clause AVN48D, its purpose is to
offer flexibility in the write back of combinations of perils other than those
set out in sub-paragraph (b)(i) of clause AVN48D, subject to various sub-limits
of insurers' liability.
Flexibility
is provided by the ability of the parties to select which of the available
write back
options (termed the operative paragraphs) are to apply and by the choices
offered by the
available operative paragraphs.
The
endorsement is designed to give the parties the option of negotiating the
insurance cover
required while differentiating between various loss scenarios and at the same
time offering
different limits of liability for an Insured’s liability for its passenger and
cargo losses and for
third party losses in order to limit insurers’ exposure to losses arising from
so-called
weapons of mass destruction.
A
Guidance Note has been produced at the request of representatives of the buyers
of aviation
insurance in view of the complexities of the endorsement. The Note can be found
on the
website of the Aviation Insurance Clauses Group: www.aicg.co.uk.
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is
expressly non-binding and AICG makes no recommendation as to its use in
particular
policies. Insurers are of course free to offer different policy wordings and
clauses to their
policy holders.
AVN 52L EXTENDED COVERAGE ENDORSEMENT (AVIATION
LIABILITIES)
1. WHEREAS the Policy of which this
Endorsement forms part includes the War, Hi-jacking and Other Perils Exclusion
Clause (Clause AVN48D), IN CONSIDERATION of an Additional Premium of………………………,
it is hereby understood and agreed that with effect from………………………the liability
cover provided by the Policy is extended as set out herein, SUBJECT to all
terms, conditions, limitations, warranties, exclusions and cancellation
provisions of the Policy except as specifically varied or provided by the terms
of this Endorsement.
1.1 If this paragraph 1.1 is listed as an
operative paragraph in paragraph 1.4 below paragraphs (a) and (c) to (g) of
Clause AVN48D are deleted;
1.2 If this paragraph 1.2 is listed as an
operative paragraph in paragraph 1.4 below:
(i) such of sub-paragraphs (b)(ii), (b)(iii) and
(b)(iv) of Clause AVN48D as are listed in paragraph 1.5 (i) are deleted in
respect of claims caused by any of the perils set out in those sub-paragraphs
originating solely and directly on board an aircraft and
(ii) such of sub-paragraphs (b)(ii) and (b)(iv) of
Clause AVN48D as are listed in paragraph 1.5 (ii) are deleted in respect of
claims caused by any of the perils set out in those sub-paragraphs originating
other than solely and directly on board an aircraft in so far as claims are
caused by reason of the crash fire explosion or collision or a recorded
emergency causing abnormal operation of an aircraft whilst in flight;
For
the purposes of sub-paragraph 1.2 (ii), "in flight" shall mean the
period commencing from the time the aircraft moves forward in taking off or
attempting to take off, whilst in the air, and until the aircraft completes its
landing run. A rotor-wing aircraft shall be deemed to be in flight when the
aircraft is in the air.
1.3
If this paragraph 1.3 is listed as an operative paragraph in paragraph 1.4
below such of sub-paragraphs (b)(ii),(b)(iii) and (b)(iv) of Clause AVN48D as
are listed in paragraph 1.6 are deleted.
1.4 The operative paragraphs are
……….……………………………………………….
1.5(i)
The sub-paragraphs referred to in paragraph 1.2(i) that are deleted are……………..
1.5(ii)
The sub-paragraphs referred to in paragraph 1.2(ii) that are deleted are…………….
1.6 The sub-paragraphs referred to in
paragraph 1.3 that are deleted are………………..
1.7 Any cover provided by paragraphs 1.2
and/or 1.3 of this Endorsement shall not be excluded by any radioactive
contamination and/or noise and pollution exclusion clauses attached to and
forming part of this Policy but the cover provided by this Endorsement shall
not apply to liability for or costs associated with pollution or contamination
unless such pollution or contamination is caused by a sudden act or event.
2.(a) EXCLUSIONS applicable generally:
No
cover is provided under this Endorsement for claims excluded by sub-paragraph
(b)(i) of Clause AVN48D. No cover is provided under paragraph 1.1 of this
Endorsement for claims excluded by paragraph (b) of Clause AVN48D.
No
cover is provided under this Endorsement by the deletion of sub-paragraph
(b)(iv) of Clause AVN48D for claims excluded by sub-paragraph (b) (ii) of
Clause AVN48D.
(b) EXCLUSION applicable only to any cover
extended by this Endorsement in respect of the deletion of any of paragraph
(a), sub-paragraphs (b)(ii), (b)(iii) and (b)(iv) of Clause AVN 48D.
Cover
shall not include liability for damage to any form of property on the ground
situated outside Canada and the United States of America caused by war,
invasion, acts of foreign enemies, hostilities (whether war be declared or not)
civil war, rebellion, revolution, insurrection, martial law, military or
usurped power or attempts at usurpation of power, unless caused by or arising
out of the use of aircraft.
3. LIMITATION OF LIABILITY
3.1 In respect of the cover provided by
paragraph 1.1 of this Endorsement (if it is an operative paragraph) the limit
of Insurers’ liability shall be ………………..any one Occurrence and in the annual
aggregate (the "sub-limit"). This sub-limit is included within and is
not in addition to the full Policy limit.
3.2 In respect of the cover provided by
paragraph 1.2 of this Endorsement (if it is an operative paragraph) the limit
of Insurers’ liability shall be ………………any one Occurrence and in the annual
aggregate. This limit is included within and is not in addition to the
sub-limit stated in paragraph 3.1 above.
3.3 In respect of the cover provided by
paragraph 1.3 of this Endorsement (if it is an operative paragraph) the limit
of Insurers' liability shall be ……………….any one Occurrence and in the annual
aggregate. This limit is included within and is not in addition to the
sub-limit stated in paragraph 3.1 above.
3.4 Where the operative paragraphs include 1.1
and/or 1.2 and/or 1.3, the limit of Insurers’ liability for claims caused by
both a peril set out in any of sub-paragraphs (b)(ii), (b)(iii) and (b)(iv)
that are listed in paragraphs 1.5(i), 1.5(ii) and 1.6 and any other peril for
which insurance is afforded by this Endorsement, shall be the applicable limit
applying to paragraphs 3.2 and/or 3.3 above.
3.5 If paragraphs 1.2 and 1.3 are both
operative paragraphs, only one of the aggregate limits referred to in
paragraphs 3.2 and 3.3 shall apply to claims covered by both paragraphs. If the
aggregate limits are different then only the higher aggregate limit applies to
such claims.
4. AUTOMATIC TERMINATION
To
the extent provided below, cover extended by this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All
cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People's Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any
cover extended by the deletion of paragraph (a) of Clause AVN 48D, and any
cover extended by the deletion of sub-paragraphs (b)(ii), (b) (iii) and (b)
(iv) of Clause AVN48D with respect to claims that are also caused by a peril
set out in paragraph (a) of AVN48D.
-
upon the hostile detonation of any device employing atomic or nuclear fission
and/or fusion or other like reaction wheresoever or whensoever such detonation
may occur.
5. REVIEW AND CANCELLATION
(a) Review
of Premium and/or Geographical Limits (7 days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given.
(b) Limited
Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (b)(ii), (b)(iii), (b)(iv) and
paragraphs (c), (d), (e), (f) and/or (g) of Clause AVN48D - such notice to
become effective on the expiry of forty-eight hours from 23.59 hours GMT on the
day on which notice is given.
(c) Cancellation
(7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52L
04.8.06
(applicable
to coverage provided to service providers)
The
endorsement is intended for use with aviation liability policies issued to
service providers and, with reference to clause AVN48D, its purpose is to offer
flexibility in the write back of combinations of perils other than those set
out in sub-paragraph (b)(i) of clause AVN48D, subject to various sub-limits of
insurers' liability.
Flexibility
is provided by the ability of the parties to select which of the available
write back options (termed the operative paragraphs) are to apply and by the
choices offered by the available operative paragraphs.
A
Guidance Note has been produced at the request of representatives of the buyers
of aviation insurance in view of the complexities of the endorsement. The Note
can be found on the website of the Aviation Insurance Clauses Group: www.aicg.co.uk
AVN
52P AVIATION
MANUFACTURERS PRODUCT LIABILITIES ENDORSEMENT
1. The
Policy includes the War, Hi-Jacking and Other Perils Exclusion Clause (Clause AVN
48B), but it is NOW AGREED THAT in consideration of an Additional Premium of [ ] the coverage provided by the
Policy shall, with effect from [ ],
be subject to this Endorsement.
2. COVERAGE
All
sub-paragraphs other than [ ] of Clause
AVN 48B are deleted with respect to the legal liability of
[ ] /the Insured arising out of
the Products Hazard as insured in the Policy.
3. EXCLUSION
applicable only to any cover extended in respect of the deletion of
sub-paragraph (a) of Clause AVN 48B.
Cover
shall not include liability for damage to any form of property on the ground
situated outside
4. LIMITATION
OF LIABILITY
The
limit of Insurers’ liability in respect of the coverage provided by this
Endorsement shall be
[ ] any one Occurrence and [ ] in the annual aggregate. This limit shall
apply within
and
not in addition to the full Policy limit.
5. AUTOMATIC
TERMINATION
To
the extent provided below, cover under this Endorsement shall TERMINATE
AUTOMATICALLY in the following circumstances:
(i) All cover
-
upon the outbreak of war (whether there be a declaration of war or not) between
any two or more of the following States, namely, France, the People’s Republic
of China, the Russian Federation, the United Kingdom, the United States of
America
(ii) Any cover extended in respect of the
deletion of sub-paragraph (a) of Clause AVN 48B
-
upon the hostile detonation of any weapon of war employing atomic or nuclear
fission and/or fusion or other like reaction or radioactive force or matter
wheresoever or whensoever such detonation may occur
PROVIDED
THAT if an aircraft is in the air when (i) or (ii) occurs, then the cover
provided by this Endorsement (unless otherwise cancelled, terminated or
suspended) shall continue in respect of such an aircraft until completion of
its first landing thereafter and any passengers have disembarked.
6. CANCELLATION
(a) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 5 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by this Endorsement by
reference to sub-paragraphs (c), (d), (e), (f) and/ or (g) of Clause AVN 48B -
such notice to become effective on the expiry of forty-eight hours from 23.59
hours GMT on the day on which notice is given.
(b) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(c) Notices
All
notices shall be in writing.
7. This
Endorsement is part of Policy No [
] and is otherwise subject to all terms and conditions of that Policy.
Terms defined in the Policy have the same meaning in this Endorsement.
AVN 52P
27.02.06
This
clause is published by AICG, but it is expressly not intended to be binding on
any market participant. AICG makes no recommendation as to its use in
particular policies and recognises that all underwriters are free to offer
different policy wordings to their policyholders
NOTES
These
notes do not form part of AVN 52P. They are intended to clarify the background
to the clause and further to comment on a drafting issue as an aid to
interpretation.
1.
BACKGROUND NOTE
The limited write-back clause
was drafted at the request of Global Aerospace with support from the Aviation
Working Group and LMBC. Changes to the original draft were made following
publication of amended draft for consultation. The clause is intended to apply
to policies issued to aviation manufacturers only, and not to other policies
providing coverage for product exposure.
2.
DRAFTING NOTE
A number of “blanks” have
been inserted for completion by the underwriter and/or the broker. These are
largely self explanatory except in
AVN 52R EXTENDED COVERAGE ENDORSEMENT (AVIATION LIABILITIES)
1.
WHEREAS the
Policy of which this Endorsement forms part includes the War, Hi-jacking and
Other Perils Exclusion Clause (Clause AVN
48D), IN CONSIDERATION of an Additional Premium of ………….. , it is hereby
understood and agreed that with effect from ……………. the liability cover provided
by the Policy is extended as set out herein, SUBJECT to all terms, conditions,
limitations, warranties, exclusions and cancellation provisions of the Policy except
as specifically varied or provided by the terms of this Endorsement.
1.1 If
this paragraph 1.1 is listed as an operative paragraph in paragraph 1.4 below
paragraphs (a) and (c) to (g) of Clause AVN 48D are deleted;
1.2 If
this paragraph 1.2 is listed as an operative paragraph in paragraph 1.4 below:
(i)
such of sub-paragraphs (b)(ii), (b)(iii) and (b)(iv) of Clause AVN 48D as are
listed in paragraph 1.5 (i) are deleted in respect of claims caused by any of
the perils set out in those sub-paragraphs originating solely and directly on
board an aircraft, but as respects the Insured’s liability
(a)
to the passengers
(and for their baggage and personal effects) of any aircraft operator to whom
the Policy affords cover for liability to its passengers arising out of its
operation of aircraft,
(b)
for cargo and
mail under the care, custody or control of any aircraft operator to whom the
Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft,
the
cover provided by this sub-paragraph 1.2 (i) shall apply only to the passengers
(and their baggage and personal effects), cargo and mail on board the aircraft
on which the perils referred to above originate.
(ii)
such of sub-paragraphs (b)(ii) and (b)(iv) of Clause AVN 48D as are listed in
paragraph 1.5 (ii) are deleted in respect of claims caused by any of the perils
set out in those sub-paragraphs, in so far as claims are caused by reason of
the crash fire explosion or collision or a recorded emergency causing abnormal
operation of an aircraft whilst in flight and where such peril originates other
than solely and directly on board that aircraft, but as respects the Insured’s
liability
(a)
to the passengers
(and for their baggage and personal effects) of any aircraft operator to whom
the Policy affords cover for liability to its passengers arising out of its
operation of aircraft,
(b)
for cargo and
mail under the care, custody or control of any aircraft operator to whom the
Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft,
the
cover provided by this sub-paragraph 1.2 (ii) shall apply only to the
passengers (and their baggage and personal effects), cargo and mail on board
the aircraft which is the subject of such crash fire explosion or collision or
a recorded in flight emergency.
For
the purposes of sub-paragraph 1.2 (ii), "in flight" shall mean the
period commencing from the time the aircraft moves forward in taking off or
attempting to take off, whilst inthe air, and until the aircraft completes its
landing run. A rotor-wing aircraft
shall be deemed to be in flight when the aircraft is in the air.
1.3 If
this paragraph 1.3 is listed as an operative paragraph in paragraph 1.4 below
such of sub-paragraphs (b)(ii),(b)(iii) and (b)(iv) of Clause AVN 48D as are
listed in paragraph 1.6 are deleted.
1.4 The
operative paragraphs are ..............
1.5 (i) The sub-paragraphs referred to in paragraph
1.2(i) that are deleted are
1.5 (ii) The sub-paragraphs referred to in paragraph
1.2(ii) that are deleted are
1.5 The
sub-paragraphs referred to in paragraph 1.3 that are deleted are
1.7 Any
cover provided by paragraphs 1.2 and/or 1.3 of this Endorsement shall not be
excluded by any radioactive contamination and/or noise and pollution exclusion
clauses attached to and forming part of this Policy but the cover provided by
this Endorsement shall not apply to liability for or costs associated with
pollution or contamination unless such pollution or contamination is caused by
a sudden act or event.
2. (a) EXCLUSIONS applicable generally:
No
cover is provided under this Endorsement for claims excluded by sub-paragraph
(b) (i) of Clause AVN 48D.
No
cover is provided under paragraph 1.1 of this Endorsement for claims excluded
by paragraph (b) of Clause AVN 48D.
No
cover is provided under this Endorsement by the deletion of sub-paragraph (b)
(iv) of Clause AVN 48D for claims excluded
by sub-paragraph (b) (ii) of Clause AVN 48D.
(b)
EXCLUSION applicable only to any cover extended by this Endorsement in respect
of the deletion of any of paragraph (a), sub-paragraphs (b)(ii), (b)(iii) and
(b)(iv) of Clause AVN 48D.
Cover
shall not include liability for damage to any form of property on the ground
situated outside Canada and the United States of America caused by war,
invasion, acts of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, martial law, military or
usurped power or attempts at usurpation of power, unless caused by or arising
out of the use of aircraft.
3. LIMITATION
OF LIABILITY
paragraph)
the limit of Insurers’ liability shall be .................. any one Occurrence and in the annual
aggregate
(the "sub-limit"). This sub-limit is included within and is not in
addition to the full Policy limit.
To
the extent cover is afforded to an Insured under the Policy, this sub-limit
shall not apply to such Insured's liability:
(a) to
the passengers (and for their baggage and personal effects) of any aircraft
operator to whom the Policy affords cover for liability to its passengers
arising out of its operation of aircraft;
(b) for
cargo and mail while it is on board the aircraft of any aircraft operator to
whom the Policy affords cover for liability for such cargo and mail arising out
of its operation of aircraft.
3.2 In respect of the cover provided by paragraph
1.2 of this Endorsement (if it is an operative
paragraph)
the limit of Insurers’ liability shall be .................. any one Occurrence and in the annual
aggregate.
This limit is included within and is not in addition to the sub-limit stated in
paragraph 3.1 above.
To
the extent cover is afforded to an Insured under the Policy, this limit shall
not apply to such Insured's liability:
(a)
to the passengers
(and for their baggage and personal effects) on board the aircraft of any
aircraft operator to whom the Policy affords cover for liability to its
passengers arising out of its operation of aircraft;
(b)
for cargo and
mail while it is on board the aircraft of any aircraft operator to whom the
Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft.
3.3 In respect of the cover provided by paragraph
1.3 of this Endorsement (if it is an operative
paragraph)
the limit of Insurers' liability shall be .................. any one Occurrence and in the annual
aggregate.
This limit is included within and is not in addition to the sub-limit stated in
paragraph 3.1 above.
To
the extent cover is afforded to an Insured under the Policy, this limit shall
not apply to such Insured's liability:
(a)
to the passengers
(and for their baggage and personal effects) of any aircraft operator to whom
the Policy affords cover for liability to its passengers arising out of its
operation of aircraft;
(b)
for cargo and
mail while it is on board the aircraft of any aircraft operator to whom the
Policy affords cover for liability for such cargo and mail arising out of its
operation of aircraft.
The
limit of Insurers' liability under (a) and (b) above shall be the following
limits which are within and are not in addition to the full Policy limit:
For
liability in respect of passengers: ............... per
passenger
For
liability in respect of passengers’ baggage and personal effects: ......................................................................................................... per
passenger
For
liability in respect of cargo and mail: ................ per kilogram
3.4 Where
the operative paragraphs include 1.1 and/or 1.2 and/or 1.3, the limit of
Insurers’ liability for claims caused by both a peril set out in any of
sub-paragraphs (b)(ii), (b)(iii) and (b)(iv) that are listed in paragraphs
1.5(i), 1.5(ii) and 1.6 and any other peril for which insurance is afforded by
this Endorsement, shall be the applicable limit applying to paragraphs 3.2
and/or 3.3 above.
3.5 If
paragraphs 1.2 and 1.3 are both operative paragraphs, only one of the aggregate
limits referred to in paragraphs 3.2 and 3.3 shall apply to claims covered by
both paragraphs. If the aggregate limits are different then only the higher
aggregate limit applies to such claims.
4. AUTOMATIC TERMINATION
To the extent provided below, cover extended by this
Endorsement shall TERMINATE AUTOMATICALLY in
the following circumstances:
(i) All cover
- upon the outbreak of war (whether there be a
declaration of war or not) between any two or more of the following States,
namely, France, the People's Republic of China, the Russian Federation, the
United Kingdom, the United States of America
(ii)
Any cover extended by the deletion of paragraph (a) of Clause AVN 48D,
and any cover extended by the deletion of sub-paragraphs (b)(ii), (b)(iii) and
(b)(iv) of Clause AVN 48D with respect to
claims that are also caused by a peril set out in paragraph (a) of AVN 48D.
- upon the hostile detonation of any device
employing atomic or nuclear fission and/or fusion or other like reaction
wheresoever or whensoever such detonation may occur and whether or not any
aircraft insured under the Policy may be involved
(iii)
All cover with respect to any aircraft
insured under the Policy that is requisitioned for either title or use
- upon such requisition
PROVIDED
THAT if any aircraft insured under the Policy is in the air when the cover
provided by this Endorsement would thereby be terminated under (i), (ii) or
(iii) of this paragraph, then the cover provided by this Endorsement (unless
otherwise cancelled, terminated or suspended) shall continue in respect of such
an Aircraft until completion of its first landing thereafter and any passengers
have disembarked.
5. REVIEW AND
CANCELLATION
(a) Review of Premium and/or Geographical Limits (7
days)
Insurers
may give notice to review premium and/or geographical limits - such notice to
become effective on the expiry of seven days from 23.59 hours GMT on the day on
which notice is given.
(b) Limited Cancellation (48 hours)
Following
a hostile detonation as specified in 4 (ii) above, Insurers may give notice of
cancellation of one or more parts of the cover provided by paragraph 1 of this
Endorsement by reference to sub-paragraphs (b)(ii), (b)(iii), (b)(iv) and
paragraphs (c), (d), (e), (f) and/or (g) of Clause AVN48D - such notice to
become effective on the expiry of forty-eight hours from 23.59 hours GMT on the
day on which notice is given.
(c) Cancellation (7 days)
The
cover provided by this Endorsement may be cancelled by either Insurers or the
Insured giving notice to become effective on the expiry of seven days from
23.59 hours GMT on the day on which such notice is given.
(d) Notices
All
notices referred to herein shall be in writing.
AVN 52R 01/05/2007 (applicable to coverage provided to
aircraft operators)
AVIATION INSURANCE CLAUSES
GROUP
This note refers to AVN 52K
which was published by AICG in August 2006.
One of the principles on
which AVN 52K was based was that coverage for written back risks arising from a
peril listed in paragraphs b(ii) – b(iv) inclusive of AVN 48D, would be
restricted to individually negotiated sub-limits that would apply to all
covered aircraft.
However, the intention of AVN
52K was also to provide the option to include cover for full policy limits to
apply to claims for the loss of passengers, their baggage, cargo and mail on
board an aircraft on which a device had been placed or, in the case of perils
listed in paragraphs b(ii) and b(iv) of AVN 48D, are on board an aircraft that
is subject to a recorded emergency while in flight. Any other aircraft affected
by such an attack were intended to be subject to any sub-limits negotiated.
It has been brought to our
notice that in certain circumstances, it is possible that full policy limits
can be exposed if, for example, a WMD device placed on board an aircraft at an
airport caused loss or damage to other aircraft owned or operated by the same
airline or to aircraft of other airlines that also have the same cover, then
all these aircraft would have full policy limits for passengers, baggage, cargo
and mail. This would breach the original principle that such a full policy
limit should be restricted to a single aircraft in the case of claims brought
under paragraph 1.2 (i) of AVN 52K and to aircraft in flight in the case of
claims brought under paragraph 1.2 (ii).
AICG has reconsidered
clause AVN 52K and, in order to remove any ambiguity, has decided to publish a
modification. In order to avoid confusion, the new clause is published as AVN
52R.
AICG 02/07/2007
AVN 53 ADDITIONAL INSURED ENDORSEMENT
(LIABILITIES)
It is hereby understood and agreed that
.......................................................................... аre added as an additional insured but only insofar as their
interests arise as owners (in whole or in part) of the insured aircraft and
only with respect to the operation of the aircraft by the named insured.
This endorsement does not provide coverage for the
additional insured with respect to claims arising out of their legal liability
as manufacturers, repairers, suppliers or servicing agents and shall not
operate to prejudice insurers' rights of recourse against the additional
insured as manufacturers, repairers, suppliers or servicing agents where such
rights of recourse would have existed had this endorsement not been effected
under this policy.
This endorsement attaches to and forms part of policy no.
............................................................... and is
effective from the
......................................................................................................................
AVN 53
1.10.96
AVN 54
NON-OWNED AIRCRAFT ENDORSEMENT
In consideration of an additional premium of
.................................. it is understood and agreed that in addition
to the aircraft declared hereunder, cover granted under this policy applies to
aircraft used by the named insured but not so declared, always provided the
named insured :
1. has no
interest in the aircraft as owner in whole or in part
2. exercises no
part in the servicing or maintenance of the aircraft
3. exercises no
part in the appointment or provision of personnel for the operation of the
aircraft.
This endorsement does not apply :
(a) to liability
arising out of any product manufactured, sold, handled or distributed by the
named insured
(b) to any aircraft
having a seating capacity, including crew, in excess of
..........................
(c) to liability
for loss of or damage to the aircraft or any consequential loss arising
therefrom
(d) when the
aircraft is used by the named insured for hire and reward.
All other terms and conditions of the policy remain
unchanged.
AVN 54 1.10.96
AVN 56
ENGINE ENDORSEMENT
Any claim in respect of an engine is restricted to loss or
damage caused by theft, lightning, flood, outbreak of fire external to the
engine or by sudden and unexpected impact with a foreign object requiring
immediate withdrawal of the engine from service.
As used herein "engine" means an engine for
propulsion or auxiliary power complete with all parts necessary for test cell
running.
Subject otherwise to all terms and conditions of the policy.
AVN 56 10.12.80
D.O.T. 14 CFR
PART 205
(hereinafter
called "part 205")
AVN 57A AIRCRAFT ACCIDENT
LIABILITY INSURANCE
Attaching to and
forming part of policy no.
Issued in the name of
It is understood and agreed that:–
1. The policy to which this endorsement is
attached is hereby amended to provide coverage in compliance with the
provisions of part 205.
2. Such coverage shall be within the limits
of liability in the policy and not in addition to or in excess thereof.
3. Such coverage shall continue until
cancelled by insurers or their authorized representative giving the appropriate
notice.
4. Unless the policy otherwise provides the
following exclusions not prohibited by the provisions of part 205 shall apply:-
(i) war exclusions
clause AVN48b paragraphs (a) and (b) or equivalent clause(s).
(ii) noise and
pollution and other perils exclusion clause AVN46b or equivalent clause(s).
(iii) nuclear risks
exclusion clause AVN38b or equivalent clause(s).
(iv) bodily injury
to or sickness disease or death of any employee arising out of and in the
course of his/her employment.
(v) injury to or
destruction of property owned rented leased or loaned to or occupied or used by
the insured.
5. If insurers are called upon to provide
coverage to the insured in compliance with part 205 including the defence and
legal costs associated therewith and if by reason of the terms conditions,
limitations and exclusions of the policy such coverage would not have been
provided except for this endorsement then the insured will reimburse insurers
for such payments made in providing coverage under part 205.
6. The terms conditions, limitations and exclusions of the policy shall apply to
claims made under the policy which (a) are in excess of the limits specified in
part 205 or (b) are not governed by the provisions of part 205.
AVN 57A (USA)
1.10.96.
CIVIL AVIATION (CARRIERS’ LIABILITY) ACT 1959 -
(applicable to
passenger liability only)
AVN 57A
(AUSTRIA) AIRCRAFT ACCIDENT LIABILITY INSURANCE
Attaching to and forming part of
policy no.
Issued in the name of
It is understood and agreed that:-
1. The
policy to which this endorsement is attached is hereby amended to provide
coverage in compliance with the prescribed requirements referred to in part IVa subsection 41c(2) of the civil
aviation (carriers’ liability) act 1959.
2. Such
coverage shall be within the limits of liability in the policy and not in
addition to or in excess thereof.
3. Such
coverage shall continue until cancelled by insurers or their authorized
representative giving the appropriate notice.
4. Unless
the policy otherwise provides the following exclusions not prohibited by the
provisions of the said act shall apply:-
4.1. war
exclusion clause AVN48b paragraphs (a) and (b) or equivalent clause(s).
4.2. noise
and pollution and other perils exclusion clause AVN46b or equivalent clause(s).
4.3. nuclear
risks exclusion clause AVN38b or equivalent clause(s).
4.4. bodily
injury to or sickness, disease or death of any employee arising out of and in
the course of his/her employment.
5. The
coverage for personal injury as
required by the said act to be provided by the policy to which this endorsement
is attached shall be understood to mean bodily injury, sickness, disease,
fright, shock or mental anguish including death resulting therefrom.
6. If
insurers are called upon to provide coverage to the insured in compliance with
the said act including the defence and legal costs associated therewith and if
by reason of the terms, conditions, limitations and exclusions of the policy
such coverage would not have been provided except for this endorsement then the
insured will reimburse insurers for such payments made in providing coverage
under the said act.
7. The
terms, conditions, limitations and exclusions of the policy shall apply to
claims made under the policy which (a) are in excess of the limits specified in
the said act or (b) are not governed by the provisions of the said act.
AVN 57A (
Air Navigation
Decree 14th November 1973
(hereinafter
called "the acts")
AVN 57A (SWITZERLAND ) AIRCRAFT THIRD PARTY
LEGAL LIABILITY
It is understood and agreed that:-
1) The policy to which this endorsement is
attached is hereby amended to provide cover as required by the regulations of
the acts in respect of bodily injury or property damage caused to third parties
on the ground up to the limits specified therein.
2) Such coverage shall be within the limits
of liability in the policy and not in addition to or in excess thereof.
3) Unless the
policy otherwise provides the following exclusions apply:-
(i) war hijacking
and other perils exclusion clause AVN48B paragraphs (a) and (b) or equivalent
clause(s).
(ii) noise and
pollution and other perils exclusion clause AVN48B, or equivalent clause(s).
(iii) nuclear risks
exclusion clause AVN.38B or equivalent clause(s).
(iv) bodily injury
to or sickness, disease or death of any employee arising out of and in the
course of his/her employment.
(v) injury to or
destruction of property owned rented leased or loaned to or occupied or used by
the insured.
4) If insurers are called upon to provide
coverage to the insured in compliance with the said air navigation act or air
navigation decree including the defence and legal costs associated therewith
and if by reason of the terms, conditions, limitations and exclusions of the
policy such coverage would not have been provided except for the provisions of
this endorsement then the insured will reimburse the insurers for such payments
made in providing such coverage.
5) The terms, conditions, limitations and
exclusions of the policy shall continue to apply to claims made under the
policy which (a) are in excess of the limits specified above or (b) are not
governed by the said air navigation act or air navigation decree.
AVN 57A (
CANADIAN
TRANSPORTATION AGENCY
AIR
TRANSPORTATION REGULATIONS:
PRESCRIBED
LIABILITY INSURANCE COVERAGE - SECTION 7
(HEREINAFTER
CALLED "SECTION 7")
AVN 57C (CANADA ) AIRCRAFT ACCIDENT LIABILITY INSURANCE
Attaching to and forming part of policy no.
Issued in the name of
It is understood and agreed that:-
1. The policy to which this endorsement is
attached is hereby amended to provide coverage in compliance with the
provisions of section 7.
2. Such coverage shall be within the limits
of liability in the policy and not in addition to or in excess thereof.
3. Unless the policy otherwise provides and
to the extent permitted by the provisions of Section 7, the following
exclusions shall apply:-
(i) war exclusions
clause AVN48B paragraphs (a) and (b) or equivalent clause(s).
(ii) noise and
pollution and other perils exclusion clause AVN46b or equivalent clause(s).
(iii) nuclear risks
exclusion clause AVN38B or equivalent clause(s).
(iv) bodily injury
to or sickness disease or death of any employee arising out of and in the
course of his/her employment.
(v) injury to or
destruction of property owned rented leased or loaned to or occupied or used by
the insured.
4. If insurers are called upon to provide
coverage to the insured in compliance with section 7 including the defence and
legal costs associated therewith and if by reason of the terms conditions
limitations and exclusions of the policy such coverage would not have been
provided except for this endorsement then the insured will reimburse insurers
for such payments made in providing coverage under section 7.
5. The terms conditions limitations and
exclusions of the policy shall apply to claims made under the policy which (a)
are in excess of the limits specified in section 7 or (b) are not governed by
the provisions of section 7.
AVN
AVN 58A
D.O.T. 14 CFR PART 205
REINSURANCE
It is noted and agreed that the reinsured hereon has
endorsed the original policy with AVN57A (USA) (or such other clauses as may be
agreed) falling under D.O.T. 14 CFR Part 205.
All reinsurers hereon agree to follow except that their
liability will cease on (* ) unless specifically agreed by all
reinsurers hereon.
*hereon insert expiry date of policy.
AVN 58A (
AVN 59
NON-AVIATION LIABILITY CLAUSE
This policy does not cover the insured's liability unless it
arises from one or more of the following:-
1. Occurrences
involving aircraft or parts or equipment relating thereto.
2. Occurrences
arising at airport locations.
3. Occurrences arising at any other location
in connection with the insured's business of transporting passengers or goods
by air.
4. Occurrences arising out of the supply of
goods or services to others (i) in connection with the use and/or operation of
aircraft (ii) involved in the air transport industry.
AVN 59 1.10.96
AVN 60А
PERSONAL INJURY EXTENSION
The insurance provided by this policy
extends to indemnify the insured for legal liability for damages awarded to any person
arising out of one or more of the following offences committed during the
policy period but only where such offences are committed in connection with
that part of the insured’s aviation operations or interests for which other
coverage is granted by the policy:-
1. false arrest,
restraint, detention or imprisonment.
2. malicious
prosecution.
3. wrongful
entry, eviction or other invasion of the right of private occupancy.
4. inadvertent discrimination with respect
to withholding or refusal of transportation except with respect to overbooking.
5. the publication or utterance of a libel
or slander or of other defamatory or disparaging material in violation of an
individual's right of privacy except publication or utterance in the course of
or related to advertising, broadcasting or telecasting activities conducted by
or on behalf of the named insured.
6. incidental medical malpractice error or
mistake by a physician, surgeon, nurse, medical technician or other person
performing medical services but only for or on behalf of the insured in the
provision of emergency medical relief.
The following additional exclusions shall apply to the
insurance provided by this extension:-
(a) liability
assumed by the named insured under any contract or agreement
(b) personal injury arising out of the wilful
violation of penal statute or ordinance committed by or with the knowledge or
consent of the named insured
(c) personal
injury arising out of offence 5 above
(i) if the first
injurious publication or utterance of the same or similar material was made
prior to the effective date of this insurance
(ii) if such
publication or utterance was made by or at the direction of the insured with
the knowledge of the false nature thereof
(d) liability for personal injury sustained by
any person directly or indirectly related to the past, present or potential
employment of such person by the insured.
The limit of liability applicable to
this extension shall be
................................... in the
aggregate during the policy period being within the overall policy limit and
not in addition thereto.
All other terms and conditions of this policy remain unchanged.
AVN 60А 24.12.2004
AVN 61 AGREED VALUE CLAUSE
It is hereby understood and agreed that in consideration of
the insured Aircraft being covered on an Agreed Value basis all reference
herein to replacement shall be deemed to be deleted but only in respect of
claims adjusted on the basis of a total loss.
In respect of claims adjusted on the
basis of a total loss Insurers shall pay to the Insured the Agreed Value of the
Aircraft as stated in the Policy Schedule less any applicable deductible.
Insurers may, at their discretion, take the salvage of such Aircraft, together
with all appropriate documents appertaining thereto, but in no event shall
there be any abandonment to Insurers.
The foregoing provision shall not apply
to claims arising in respect of partial loss or damage where Insurers shall
retain the right to repair, replace or make good as they deem expedient.
AVN 61 1.10.96
AVN 62 SEARCH AND RESCUE EXTENSION
CLAUSE
In consideration of an additional premium of
.......................................... it is agreed that this Policy is
extended to indemnify the Insured for any reasonable expenses incurred for the
purpose of search and rescue operations for an Aircraft insured hereunder
determined to be missing and unreported after the computed maximum endurance of
the flight has been exceeded.
Provided always that Insurers'
liability shall not exceed .................................. in respect of any
one search and rescue operation and in the aggregate.
This clause does not extend the Policy
to cover salvage costs and expenses.
All other terms and conditions of this
Policy remain unchanged.
AVN 62
1.10.96
AVN 63 CROSS LIABILITY CLAUSE
In consideration of an additional
premium of .............................................. the inclusion of
Additional Insureds under this Policy shall not preclude the right of recovery
hereon by the Original Insured named below in respect of claims made against
them by such Additional Insureds or the employees of such Additional Insureds.
Where the coverage provided by this Policy is also provided
by other policy or policies, then this Policy shall only pay that amount which
is in excess of the amount(s) which would have been payable under such other
policy(ies) had this insurance not been effected.
Notwithstanding the inclusion herein of more than one
Insured, whether by endorsement or otherwise, the total liability of the
Insurers in respect of any or all Insureds shall not exceed the limit(s) of
liability stated in this Policy.
Original Insured:
AVN 63 1.10.96
AVN 64A PROFIT COMMISSION ON RENEWAL CLAUSE
After expiry of the Policy and
following the receipt by the Insurers of the final adjustment of the premium
due in respect of this period of insurance and subject to renewal with the
Insurers hereon, Insurers agree to return to the Insured a provisional profit
commission of ..................% of the net ascertained profit in respect of
this period of insurance.
The net ascertained profit shall be
calculated by deducting the 'outgo' from the 'income' as follows:-
Income
...................% of premium less all returns of premium.
Outgo
(1) All settled
claims and related expenses less any salvages and recoveries.
(2) Insurers'
reserves for all claims outstanding and related expenses.
Thereafter, adjustments to the provisional profit commission
calculated shall be made on an annual basis until all outstanding claims have
been settled or unless otherwise mutually agreed between the Insurers and the
Insured.
AVN 64A 1.10.96
AVN 64B PROFIT COMMISSION ON RENEWAL CLAUSE
After expiry of the Policy and following
the receipt by the Insurers of the final adjustment of all premiums due and
settlement of all claims in respect of this period of insurance and subject to
renewal with the Insurers hereon, Insurers agree to return to the Insured a
profit commission of .....................% of the net ascertained profit in
respect of this period of insurance.
The net ascertained profit shall be
calculated by deducting the 'outgo' from the 'income' as follows:-
Income
..................% of premium less all
returns of premium.
Outgo
Total of settled claims and related
expenses less any salvages and recoveries.
AVN 64B
1.10.96
AVN 65 SERVICE OF SUIT CLAUSE (U.S.A.)
It is agreed that in the event of the failure of the
Insurers hereon to pay any amount claimed to be due hereunder, the Insurers
hereon, at the request of the Insured, will submit to the jurisdiction of a
Court of competent jurisdiction within the
........................................................................................................................................................
........................................................................................................................................................and
that in any suit instituted against any one of them upon this contract,
Insurers will abide by the final decision of such Court or of any Appellate
Court in the event of an appeal.
The above-named are authorized and directed to accept
service of process on behalf of Insurers in any such suit and/or upon the
request of the Insured to give a written undertaking to the Insured that they
will enter a general appearance upon Insurers' behalf in the event that such a
suit shall be instituted.
Further, pursuant to any statute of any state, territory or
district of the United States which makes provision therefor, Insurers hereon
hereby designate the Superintendent, Commissioner or Director of Insurance or
other officer specified for that purpose in the statute, or his successor or
successors in office, as their true and lawful attorney upon whom may be served
any lawful process in any action, suit or proceeding instituted by or on behalf
of the Insured or any beneficiary hereunder arising out of this contract of
insurance, and hereby designate the above-named as the person to whom the said
officer is authorized to mail such process or a true copy thereof.
AVN 65 10.8.87
AVN 66 LONDON MARKET
AVIATION PRODUCTS LIABILITY POLICY WORDING
DECLARATIONS
Item 1. Name
of Insured:
Address:
Item 2. Policy
Period
Effective Date:
Expiration
Date:
|
|
Standard time at the address of the Insured |
Item 3. Premium:
Item 4. Limits of Liability
Insuring Agreement I
Coverage A $ aggregate
Insuring Agreement II
Coverage B $ aggregate
Insuring Agreement I
Coverage A and $ aggregate
Insuring Agreement II
Coverage B
AVN 66 14.9.90
In
consideration of the payment to the Insurers of the premium stated in the
Declarations and in reliance upon the information provided by the Insured to
the Insurers, the Insurers hereby agree subject to all of the terms conditions
limitations and exclusions contained in the Policy, to indemnify the Insured in
respect of Occurrences and Groundings during the policy period as follows:–
INSURING
AGREEMENT
I Coverage
A - Bodily Injury and Property Damage Liability
To pay on behalf of the Insured all
sums which the Insured shall become legally obligated to pay as damages because
of bodily injury including care and loss of services, sickness or disease
including death at any time resulting therefrom sustained by any person and
because of damage to or destruction of property including the loss of use
thereof, caused by an Occurrence which takes place during the Policy period and
which arises out of the Products Hazard.
II Coverage
B - Grounding Liability
To pay on behalf of the Insured all
sums which the Insured shall become legally obligated to pay as damages for the
loss of use of completed aircraft occurring after delivery to and acceptance by
a purchaser or purchasers or operator or operators of such aircraft for flight
operations, and caused by a Grounding resulting from an Occurrence which takes
place during the Policy period and which arises out of the Products Hazard.
III Defence,
Settlements and Other Payments
To defend any claim or suit against
the Insured alleging cause or causes of action to which this Policy applies,
even if such claim or suit is groundless, false or fraudulent, and to pay all
expenses incurred in the investigation, negotiation, settlement or other
disposition of such claim or suit, including all costs recoverable against the
Insured, all interest on the claim or any judgement rendered thereon, all
premiums on bonds to release attachments for an amount not in excess of the
applicable limit of this Policy, all premiums on appeal bonds required in any
such suit but without any obligation to apply for or furnish any such
bond. However, Insurers may make such
investigation, negotiation, settlement or other disposition of any claim or
suit as they deem expedient.
IV Reimbursement
of Insured’s Expenses
To reimburse the Insured for
reasonable expenses incurred at the Insurers’ request, other than (i) loss of
earnings to the Insured and (ii) expenses incurred for the elimination of the
cause of loss of use.
With respect to Insuring Agreements III and IV, once
the applicable limit of liability as stated in Condition 1 of this Policy has
been exhausted by payment of judgements, settlements or payments as provided
for in Insuring Agreements I and II above, then Insurers’ obligations under
Insuring Agreements III and IV of this Policy shall have been fully discharged,
and they shall not have any further obligation to defend, investigate,
negotiate, settle or otherwise dispose of any claim or suit made or brought against
the Insured, or to pay for the expenses thereof, or to reimburse the Insured
for any of their expenses incurred in connection with any claim or suit.
DEFINITIONS
(a) “PRODUCTS
HAZARD” means the handling or use of or the existence of any condition in an
Aircraft Product, provided such Aircraft Product has ceased to be in the
possession or under the control of the Insured.
A
completed aircraft, the property of others, temporarily returned to the Insured
shall be deemed not to be in the possession or under the control of the
Insured.
(b) “GROUNDING” means the complete and
continuous withdrawal from all flight operations at or about the same time of
one or more aircraft due to a mandatory order of the Federal Aviation
Administration of the United States of America (FAA), or the Civil Aviation
Authority of the United Kingdom (CAA), or any similar Civil Airworthiness
Authority, because of an existing, alleged or suspected like defect, fault or
condition affecting the safe operation of two or more like aircraft and which
results from an Occurrence.
A
Grounding shall be deemed to commence from the date on which the first such
order becomes effective following an Occurrence during the Policy period and to
continue until the date on which the last such order relating to the same
existing, alleged or suspected like defect, fault or condition is withdrawn or
becomes ineffective.
Such
Grounding shall be deemed to fall in the Policy period of the Occurrence which
exposed such defect, fault or condition.
(c) “AIRCRAFT PRODUCTS ”means aircraft,
airships, missiles, spacecraft, launch vehicles, helicopters, rockets,
balloons, gliders, microlights, remote piloted vehicles, air cushioned vehicles
or any article forming part thereof, or supplied for installation therein, or
used in connection therewith including related advice and services.
(d) “OCCURRENCE” means an accident which
is neither expected nor intended including injurious exposure to conditions
(other than a Grounding) occurring during the Policy period and which arises
out of the Products Hazard and causes bodily injury including care and loss of
services, sickness or disease, including death at any time resulting therefrom,
or damage to or destruction of property, including the loss of use
thereof. A series of related Occurrences
shall be treated as a single Occurrence hereunder.
(e) “INSURED” means the Insured(s) named
in Item 1 of the Declarations and also includes any business entity or
subsidiary to such Insured(s) provided the Insured(s) have more than 50%
interest in such entity and also includes any partner, executive officer,
director, employee or stockholder thereof, while acting within the scope of
their duties as such.
f)
“MILITARY” as applied to Aircraft Products means such
Aircraft Products while owned or used by or in the possession of the armed
services of any government, however an Aircraft Product leased or chartered to
the armed services of any government shall be deemed not to be a Military
Aircraft Product.
g)
“OWNED BY” – With respect to any Aircraft Product to
which an Insured has retained title pursuant to a) a conditional sale contract,
chattel mortgage or similar lien, b) a
lease agreement or c) a consignment agreement or similar contract of bailment,
such Aircraft Product shall be deemed not to be Owned By the Insured.
h)
“LAUNCH VEHICLE” means any device the purpose of which
is to transport any person or article to, from or in space.
This policy does not apply:–
(a) to
liability arising out of the handling or use of, or the existence of any
condition in any Aircraft Products which are Owned By, loaned to, in the
possession or under the control of, or used in the interest of the Insured;
(b) to
damage to or destruction of property, including the loss of use of such
property Owned By, rented, leased, occupied or used by or in the care, custody
or control of the Insured;
(c) to
liability assumed by the Insured under any contract or agreement unless such
liability would have attached to the Insured even in the absence of such
Agreement;
(d) to
bodily injury to, including care and loss of services or sickness, disease or
death at any time resulting therefrom of any employee of the Insured arising
out of and in the course of his
employment by the Insured;
(e) to
loss of use of any aircraft, the cause of which the Insured does not use
reasonable diligence to eliminate;
(f) to
any costs incurred which are statutorily imposed upon the Insured, or which
have been assumed with respect to aircraft products sold under a warranty,
guarantee or sales agreement;
(g) to
damage to or destruction of or loss of use of any launch vehicle;
(h) 1. to claims directly or indirectly
occasioned by, happening through or in consequence of:–
(a) noise
(whether audible to the human ear or not), vibration, sonic boom and any
phenomena associated therewith,
(b) pollution
and contamination of any kind whatsoever,
(c) electrical
and electromagnetic interference,
(d) interference
with use of property;
unless caused by or resulting in a crash fire
explosion or collision or a recorded in-flight emergency causing abnormal
aircraft operation.
2. With
respect to any provision in the Policy concerning any duty of Insurers to
investigate or defend claims, such provision shall not apply and Insurers shall
not be required to defend
(a) claims
excluded by Paragraph 1 of this exclusion (h) or
(b) a
claim or claims covered by the Policy when combined with any claims excluded by
Paragraph 1 of this exclusion (h) (referred to below as “Combined Claims”).
3. In
respect of any Combined Claims, Insurers shall (subject to proof of loss and
the limits of the Policy) reimburse the Insured for that portion of the
following items which may be allocated to the claims covered by the Policy:
(i) damages
awarded against the Insured and
(ii) defence
fees and expenses incurred by the Insured.
4. Nothing
herein shall override any radioactive contamination or other exclusion clause
attached to or forming part of this Policy.
EXCLUSIONS
APPLICABLE TO COVERAGE A
This Policy
does not apply:-
(a) to
costs and expenses incurred by the Insured or to damages claimed for the
withdrawal, inspection, repair, replacement, modification, loss of use, or
restricted use of Aircraft Products or work completed by or for the Insured or
any property of which such products or work
form a part, if such products, work or property are withdrawn from the
market or from use or subject to restricted use because of any defect or
deficiency therein;
(b) to damage
to or destruction of including loss of use of any Military Aircraft Products
except when damage or destroyed by a non-military Aircraft Product.
EXCLUSION APPLICABLE TO COVERAGE B
This Policy
does not apply:-
(a) to any
aircraft which is designated by the manufacturer or required by direction of
the FAA, CAA or similar Civil Airworthiness Authority to be removed from all
flight operations due to the certificate of airworthiness being withdrawn by
reason of the aircraft’s safe operational life having been reached or exceeded;
(b) to any
Military Aircraft Products;
(c) to any
aircraft while withdrawn from service for the primary purpose of maintenance,
routine overhaul, alternation or modification of the aircraft.
CONDITIONS
1. Limit of
Liability
Regardless of
the number of Insureds under this Policy Insurers’ Liability is limited as
follows:–
Insuring
Agreement I COVERAGE A
The total
liability of Insurers for all damages sustained by one or more persons or
organisations as the result of Occurrences during the Policy period shall not
exceed the limit of liability stated in the Declarations as aggregate.
Insuring
Agreement II COVERAGE B
The total
liability of Insurers for all damages sustained by one or more persons or
organisations as the result of Groundings shall not exceed the limit of
liability stated in the Declarations as aggregate.
The total
liability of the Insurers for all damages under Insuring Agreement I Coverage A
and Insuring Agreement II Coverage B combined shall not exceed the limit of
liability stated in the Declarations as aggregate.
2. Notice of Occurrence/Grounding
When an
Occurrence or Grounding takes place, written notice shall be given by or on
behalf of the Insured to the Insurers through their authorized agents as soon
as practicable. Such notice shall contain particulars sufficient to identify
the Insured and also all reasonably obtainable information respecting the time,
date, place and circumstances of the Occurrence or Grounding.
. 3.
Notice of Claim or Suit
If a claim or
suit is brought against the Insured and the Insured shall as soon as
practicable forward to the Insurers’ authorized agents every demand notice,
summons, or other process received by him or his representative.
The Insured
shall not voluntarily make any payment, assume any obligation nor incur any
expense without the prior approval of the Insurers.
4. Assistance and Co-operation of the Insured
The Insured shall co-operate with the Insurers and,
upon the Insurers’ request, shall attend hearings and trials and shall assist
in effecting settlements, securing and giving evidence, obtaining the
attendance of witnesses and in the conduct of suits.
5. Action
against Insurers
No action shall lie against the Insurers unless as a
condition precedent thereto, the Insured shall have fully complied with all the
terms of this Policy, nor until the amount of the Insured’s obligation to pay
shall have been finally determined either by judgement against the Insured
after actual trial or by written agreement of the Insured, the claimant and the
Insurers. Any person or organisation or the legal representative thereof who
has secured such judgement or written agreement shall thereafter be entitled to
recover under this Policy to the extent of the insurance afforded by this
Policy. Nothing contained in this Policy shall give any person or organisation
any right to join the Insurers as a co-defendant in any action against the
Insured to determine the Insured’s liability.
Bankruptcy or insolvency of the Insured shall not
relieve the Insurers of any of their obligations under this Policy.
6. Other
Insurance
If the Insured has other insurance against a loss
covered by this Policy, this Policy shall not be liable for a greater
proportion of such loss than the applicable limit of liability stated in the
Declarations bears to the total applicable limit of all insurances against such
loss. If any insurance is specifically
arranged by or for the Insured for a sum in excess of the limit of liability
afforded by this Policy then the liability of the Insurers to pay any defence
settlements and other payments in connection therewith shall be limited to such
proportion of the said defence
settlements and other payments as the applicable limit of liability afforded by
this Policy bears to the amount paid to dispose of the claim.
7. Subrogation
In the event of any payment under this Policy, the
Insurers shall be entitled to all of the Insured’s rights of recovery against
any person or organisation and the Insured shall execute and deliver
instruments and papers and do whatever else is necessary to secure such rights.
The Insured shall do nothing after loss to prejudice
such rights.
Nothing herein contained, however, shall bar the
Insured from waiving its rights of recovery against any Government.
8. Material
Change
Should there be any material change in the
circumstances or nature of the risks which are the basis of this Policy the
Insured shall give immediate notice thereof to the Insurers and no claim
arising subsequent to such change shall be recoverable hereunder unless such
change has been accepted by the Insurers.
9. Assignment
This Policy shall not be assigned in whole or in part
except with the consent of the Insurers verified by endorsement hereon.
10. Conflicting
Statutes
Such insurance as is afforded by this Policy shall
comply with the statutes relating to this insurance including defence and legal
costs associated therewith. However, the foregoing shall not apply to any type
of coverage not afforded by this Policy nor shall it apply to any amount or
amounts in excess of the limit or limits of liability provided in the Policy.
The Insured agrees to reimburse the Insurers for any payment made by the
Insurers which the Insurers would not have been obligated to make under the
terms of this Policy but for the agreement contained in this paragraph.
11.
Cancellation
This Policy may be cancelled by the Insured by
surrender thereof or by mailing to the Insurers written notice stating when
thereafter such cancellation shall be effective. This Policy may be cancelled
by the Insurers by mailing to the Insured at the address shown in this Policy
written notice stating when not less than 30 days thereafter such cancellation
shall be effective. The mailing of notice as aforesaid shall be sufficient
proof of notice and the effective date and hour of cancellation stated in the notice
shall become the end of the Policy period. Delivery of such written notice
either by the Insured or by the Insurers shall be equivalent to mailing.
If the Insured cancels, earned premium shall be
computed in accordance with the short rate table below. If the Insurers cancel, earned premiums shall be
computed pro rata. Premium adjustment may be made at the time cancellation is
effected and, if not then made, shall be made as soon as practicable after
cancellation becomes effective.
12.
Misrepresentation
By acceptance of this Policy the Insured agrees that
the information provided for this insurance are his representations and that
this Policy is issued in reliance upon the truth of such representations. Any
intentional misrepresentation by the Insured or his duly authorized
representative or agent will void this Policy.
13.
Inadvertent Errors and Omissions
Inadvertent errors, omissions or failure to give
notice to Insurers as herein required shall not relieve the Insurers of
liability under this Policy, provided that any such error or omission shall be
corrected as soon as discovered.
SHORT RATE CANCELLATION TABLE
Days |
|
Per cent. of |
|
Days |
|
Per cent. of |
Policy |
|
One Year |
|
Policy |
|
One Year |
in Force |
|
Premium |
|
in Force |
|
Premium |
1 .......................................... 5............... 154-156 ....... 53
2 .......................................... 6............... 157-160 ....... 54
3-4 .......................................... 7............... 161-164 ....... 55
5-6 .......................................... 8............... 165-167 ....... 56
7-8 .......................................... 9............... 168-171 ....... 57
9-10 ........................................ 10............... 172-175 ....... 58
11-12 ........................................ 11............... 176-178 ....... 59
13-14 ........................................ 12............... 179-182 (6 months) 60
15-16 ........................................ 13............... 183-187 ....... 61
17-18 ........................................ 14............... 188-191 ....... 62
19-20 ........................................ 15............... 192-196 ....... 63
21-22 ........................................ 16............... 197-200 ....... 64
23-25 ........................................ 17............... 201-205 ....... 65
26-29 ........................................ 18............... 206-209 ....... 66
30-32 (1 month).......................... 19............... 210-214 (7 months) 67
33-36 ........................................ 20............... 215-218 ....... 68
37-40 ........................................ 21............... 219-223 ....... 69
41-43 ........................................ 22............... 224-228 ....... 70
44-47 ........................................ 23............... 229-232 ....... 71
48-51 ........................................ 24............... 233-237 ....... 72
52-54 ........................................ 25............... 238-241 ....... 73
55-58 ........................................ 26............... 242-246 (8 months) 74
59-62 ( 2 months)....................... 27............... 247-250 ....... 75
63-65 ........................................ 28............... 251-255 ....... 76
66-69 ........................................ 29............... 256-260 ....... 77
70-73 ........................................ 30............... 261-264 ....... 78
74-76 ........................................ 31............... 265-269 ....... 79
77-80 ........................................ 32............... 270-273 (9 months) 80
81-83 ........................................ 33............... 274-278 ....... 81
84-87 ........................................ 34............... 279-282 ....... 82
88-91 ( 3 months)....................... 35............... 283-287 ....... 83
92-94 ........................................ 36............... 288-291 ....... 84
95-98 ........................................ 37............... 292-296 ....... 85
99-102 ........................................ 38............... 297-301 ....... 86
103-105 ........................................ 39............... 302-305 (10 months) 87
106-109 ........................................ 40............... 306-310 ....... 88
110-113 ........................................ 41............... 311-314 ....... 89
114-116 ........................................ 42............... 315-319 ....... 90
117-120 ........................................ 43............... 320-323 ....... 91
121-124 (4 months)........................ 44............... 324-328 ....... 92
125-127 ....................................... .45............... 329-332 ....... 93
128-131 ........................................ 46............... 333-337 (11 months) 94
132-135 ........................................ 47............... 338-342 ....... 95
136-138 ........................................ 48............... 343-346 ....... 96
139-142 ........................................ 49............... 347-351 ....... 97
143-146 ........................................ 50............... 352-355 ....... 98
147-149 ........................................ 51............... 356-360 ....... 99
150-153 (5 months)........................ 52............... 361-365 (12 months) 100
AVN 67B AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT
It is noted that the Contract Party(ies) have an interest in
respect of the Equipment under the Contract(s).
Accordingly, with respect to losses occurring during the period from the
Effective Date until the expiry of the Insurance or until the expiry or agreed
termination of the Contract(s) or until the obligations under the Contract(s)
are terminated by any action of the Insured or the Contract Party(ies),
whichever shall first occur, in respect of the said interest of the Contract
Party(ies) and in consideration of the Additional Premium it is confirmed that
the Insurance afforded by the Policy is in full force and effect and it is
further agreed that the following provisions are specifically endorsed to the
Policy:-
1. Under the
1.1 In respect of
any claim on Equipment that becomes payable on the basis of a Total Loss,
settlement (net of any relevant Policy Deductible) shall be made to, or to the
order of the Contract Party(ies). In
respect of any other claim, settlement (net of any relevant Policy Deductible)
shall be made with such party(ies) as may be necessary to repair the Equipment
unless otherwise agreed after consultation between the Insurers and the Insured
and, where necessary under the terms of the Contract(s), the Contract
Party(ies).
Such payments
shall only be made provided they are in compliance with all applicable laws and
regulations.
1.2 Insurers shall
be entitled to the benefit of salvage in respect of any property for which a
claims settlement has been made.
2. Under the Legal
Liability Insurance
2.1 Subject to the
provisions of this Endorsement, the Insurance shall operate in all respects as
if a separate Policy had been issued covering each party insured hereunder, but
this provision shall not operate to include any claim howsoever arising in
respect of loss or damage to the Equipment insured under the Hull or Spares
Insurance of the Insured.
Notwithstanding the foregoing the total liability of Insurers in respect
of any and all Insureds shall not exceed the limits of liability stated in the
Policy.
2.2 The Insurance
provided hereunder shall be primary and without right of contribution from any
other insurance which may be available to the Contract Party(ies).
2.3 This Endorsement
does not provide coverage for the Contract Party(ies) with respect to claims
arising out of their legal liability as manufacturer, repairer, or servicing
agent of the Equipment.
3. Under ALL
Insurances
3.1 The Contract
Party(ies) are included as Additional Insured(s).
3.2 The cover
afforded to each Contract Party by the Policy in accordance with this
Endorsement shall not be invalidated by any act or omission (including
misrepresentation and non-disclosure) of any other person or party which
results in a breach of any term, condition or warranty of the Policy PROVIDED
THAT the Contract Party so protected has not caused, contributed to or
knowingly condoned the said act or omission.
3.3
The
provisions of this Endorsement apply to the Contract Party(ies) solely in their
capacity as financier(s)/lessor(s) in the identified Contract(s) and not in any
other capacity. Knowledge that any
Contract Party may have or acquire or actions that it may take or fail to take
in that other capacity (pursuant to any other contract or otherwise) shall not
be considered as invalidating the cover afforded by this Endorsement.
3.1 The Contract Party(ies) shall have no responsibility for
premium and Insurers shall waive any right of set-off or counterclaim against
the Contract Party(ies) except in respect of outstanding premium in respect of
the Equipment.
3.2 Upon payment of any loss or claim to
or on behalf of any Contract Party(ies), Insurers shall to the extent and in
respect of such payment be thereupon subrogated to all legal and equitable
rights of the Contract Party(ies) indemnified hereby (but not against any
Contract Party). Insurers shall not
exercise such rights without the consent of those indemnified, such consent not
to be unreasonably withheld. At the
expense of Insurers such Contract Party(ies) shall do all things reasonably
necessary to assist the Insurers to exercise said rights.
3.3 Except in respect of any provision
for Cancellation or Automatic Termination specified in the Policy or any
endorsement thereof, cover provided by this Endorsement may only be cancelled
or materially altered in a manner adverse to the Contract Party(ies) by the
giving of not less than Thirty (30) days notice in writing to the Appointed
Broker. Notice shall be deemed to
commence from the date such notice is given by the Insurers. Such notice will NOT, however, be given at
normal expiry date of the Policy or any endorsement.
EXCEPT AS SPECIFICALLY VARIED OR
PROVIDED BY THE TERMS OF THIS ENDORSEMENT:-
1. THE
CONTRACT PARTY(IES) ARE COVERED BY THE POLICY SUBJECT TO ALL TERMS, CONDITIONS,
LIMITATIONS, WARRANTIES, EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.
2. THE
POLICY SHALL NOT BE VARIED BY ANY PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH
PURPORT TO SERVE AS AN ENDORSEMENT OR AMENDMENT TO THE POLICY.
SCHEDULE IDENTIFYING TERMS USED IN
THIS ENDORSEMENT
1. Equipment (Specify details of any
aircraft, engines or spares to be covered):
2. Policy Deductible applicable to physical damage to the Equipment [Insert all
applicable Policy deductibles]:
3. (a) Contract Party(ies):
AND (b), in addition, in respect of Legal Liability
Insurances:
4. Contract(s):
5. Effective Date
[being the date that the Equipment attaches to the Policy or a specific date
thereafter]:
6. Additional
Premium
7. Appointed
Broker:
AVN 67B
28.9.94
AVN 67B AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT
(HULL WAR)
It is noted that the Contract Party(ies) have an interest in
respect of the Equipment under the Contract(s).
Accordingly, with respect to losses occurring during the period from the
Effective Date until the expiry of the Insurance or until the expiry or agreed
termination of the Contract(s) or until the obligations under the Contract(s)
are terminated by any action of the Insured or the Contract Party(ies),
whichever shall first occur, in respect of the said interest of the Contract
Party(ies) and in consideration of the Additional Premium it is confirmed that
the Insurance afforded by the Policy is in full force and effect and it is
further agreed that the following provisions are specifically endorsed to the
Policy:-
1. In respect of
any claim on Equipment that becomes payable on the basis of a Total Loss,
settlement (net of any relevant Policy Deductible) shall be made to, or to the
order of the Contract Party(ies). In
respect of any other claim, settlement (net of any relevant Policy Deductible)
shall be made with such party(ies) as may be necessary to repair the Equipment
unless otherwise agreed after consultation between the Insurers and the Insured
and, where necessary under the terms of the Contract(s), the Contract
Party(ies).
Such payments
shall only be made provided they are in compliance with all applicable laws and
regulations.
2. Insurers shall
be entitled to the benefit of salvage in respect of any property for which a
claims settlement has been made.
3. The Contract
Party(ies) are included as Additional Insured(s).
4. The provisions
of this Endorsement apply to the Contract Party(ies) solely in their capacity
as financier(s)/lessor(s) in the identified Contract(s) and not in any other
capacity. Knowledge that any Contract
Party may have or acquire or actions that it may take or fail to take in that
other capacity (pursuant to any other contract or otherwise) shall not be
considered as invalidating the cover afforded by this Endorsement.
5. The cover
afforded to each Contract Party by the Policy in accordance with this
Endorsement shall not be invalidated by any act or omission (including
misrepresentation and non-disclosure) of any other person or party which
results in a breach of any term, condition or warranty of the Policy PROVIDED
THAT the Contract Party so protected has not caused, contributed to or
knowingly condoned the said act or omission.
6. The Contract
Party(ies) shall have no responsibility for premium and Insurers shall waive
any right of set-off or counterclaim against the Contract Party(ies), except in
respect of outstanding premium in respect of the Equipment.
7. Upon payment of
any loss or claim to or on behalf of any Contract Party(ies), Insurers shall to
the extent and in respect of such payment be thereupon subrogated to all legal
and equitable rights of the Contract Party(ies) indemnified hereby (but not against
any Contract Party). Insurers shall not
exercise such rights without the consent of those indemnified, such consent not
to be unreasonably withheld. At the
expense of Insurers, such Contract Party(ies) shall do all things reasonably
necessary to assist the Insurers to exercise said rights.
8.
Except
in respect of any provision for Cancellation or Automatic Termination specified
in the Policy or any endorsement thereof, cover provided by this Endorsement
may only be cancelled or materially altered in a manner adverse to the Contract
Party(ies) by the giving of Seven (7) days (or such lesser period as may be
customarily available) notice in writing to the Appointed Broker. Notice shall be deemed to commence from the
date such notice is given by the Insurers.
Such notice will NOT however, be given at normal expiration date of the
Policy or any endorsement.
EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE TERMS OF THIS ENDORSEMENT:-
1.
THE CONTRACT PARTY(IES) ARE COVERED BY THE POLICY
SUBJECT TO ALL TERMS, CONDITIONS, LIMITATIONS, WARRANTIES, EXCLUSIONS AND
CANCELLATION PROVISIONS THEREOF.
2.
THE POLICY SHALL NOT BE VARIED BY ANY PROVISIONS
CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN ENDORSEMENT OR
AMENDMENT TO THE POLICY.
SCHEDULE
IDENTIFYING TERMS USED IN THIS ENDORSEMENT
1. Equipment [Specify details of any
aircraft, engines or spares to be covered]:
2. Policy Deductible applicable to
physical damage to the Equipment
[Insert all applicable Policy
deductibles]:
3. Contract Party(ies):
4. Contract(s):
5. Effective Date [being the date that the
Equipment attaches to the Policy or a specific date thereafter]:
6. Additional Premium:
7. Appointed Broker:
AVN.67B (
28.9.94
AVN 67C
AIRLINE
FINANCE/LEASE CONTRACT ENDORSEMENT
It
is noted that the Contract Party(ies) have
an interest or interests in respect of the Equipment under the Contract(s).
Accordingly, with respect to losses occurring during the period from the
Effective Date until
(i)
the date and time
at which the Insurance expires or, if earlier,
(ii)
(the date and
time at which the Insured has no further obligation to insure the Equipment under the Contract(s), as notified in writing by
the Designated Contract Party to
the Insurers (via the Appointed Broker, if any) (such notification to be given
promptly and in any event within 30 days after such date), and in
consideration of the Additional Premium,
it is confirmed in respect of the said interest(s) of the Contract Party(ies) that the Insurance
afforded by the Policy is in full force and effect, and it is further agreed
that the following provisions are specifically endorsed to the Policy:-
1.
Under the
1.1 In respect of any claim on Equipment that becomes payable on the
basis of a Total Loss, settlement (net of any relevant Policy Deductible) shall be made to, or to the order of the Contract Party(ies). In respect of any
other claim, settlement (net of any relevant Policy Deductible) shall be made with such party(ies) as may be
necessary to repair the Equipment unless
otherwise agreed after consultation between the Insurers and the Insured and,
where necessary under the terms of the Contract(s),
the Contract Party(ies).
Such
payments shall only be made provided they are in compliance with all applicable
laws and regulations.
1.2 Insurers shall be entitled to the benefit of
salvage in respect of any property for which a claims settlement has been made.
2. Under the Legal Liability
Insurance
2.1
Subject to the
provisions of this Endorsement, the Insurance shall operate in all respects as
if a separate Policy had been issued covering each party insured hereunder, but
this provision shall not operate to include any claim howsoever arising in
respect of loss or damage to the Equipment
insured under the Hull or Spares Insurance of the Insured.
Notwithstanding the foregoing the total liability of Insurers in respect of any
and all Insureds shall not exceed the limits of liability stated in the Policy.
2.2 The
Insurance provided hereunder shall be primary and without right of contribution
from any other insurance which may be available to the Contract Party(ies).
2.3
This Endorsement
does not provide coverage for any Contract
Party with respect to claims arising out of its legal liability as
manufacturer of, or performer of maintenance, repairs or other operational
activities on, the Equipment.
2.4
The coverage
afforded by the Policy is amended by this Endorsement to provide coverage in
respect of the liability of the Contract
Party(ies) to the pilots and crew of the Equipment (excluding liability to those pilots and crew employed
by the Contract Party(ies)), on
the basis that for the purposes of providing such coverage under this
Endorsement, such pilots and crew shall be deemed to be passengers.
3. Under the
3.1 The
Contract Party(ies) are included as Additional Insured(s).
3.2
The cover
afforded to each Contract Party by
the Policy in accordance with this Endorsement shall not be invalidated by any
act or omission (including misrepresentation and non-disclosure) of any other
person or party which results in a breach of any term, condition or warranty of
the Policy PROVIDED THAT the Contract
Party so protected has not caused, contributed to or knowingly condoned
the said act or omission.
3.3
Nevertheless, no Contract Party shall be entitled to
claim a loss by theft or alleged theft of the Equipment under the hull insurances by reason of the actual or
alleged dispossession or refusal or failure to redeliver the Equipment by the Insured or any other Contract Party, but this shall not
exclude any claim by a Contract Party by
reason of loss of or damage to the Equipment
(other than loss by such theft) during the period of this Endorsement.
3.4
The provisions of
this Endorsement apply to each Contract
Party solely in its capacity as financier, lessor or lease servicer or
manager under the Contract(s) and
not in any other capacity. Knowledge that any Contract Party may have or acquire or actions that it may take or
fail to take in that other capacity (pursuant to any other contract or
otherwise) shall not be considered as invalidating the cover afforded by this
Endorsement. For this purpose “lease servicer or manager” means a Contract Party who is appointed by one
or more other Contract Party(ies) to
provide services relating to the Equipment
in connection with the Contract(s)
(other than services of a kind specified in paragraph 2.3 above).
3.5
The Contract Party(ies) shall have no
responsibility for premium, and Insurers shall waive any right of set-off or
counterclaim against the Contract
Party(ies) except in respect of outstanding premium in respect of the Equipment.
3.6 Upon
payment of any loss or claim to or on behalf of any Contract Party(ies), Insurers shall to the extent and in respect
of such payment be thereupon subrogated to all legal and equitable rights of
the Contract Party(ies) indemnified
hereby (but not against any Contract
Party). Insurers shall not exercise such rights without the consent of
those indemnified, such consent not to be unreasonably withheld. At the expense
of Insurers such Contract Party(ies) shall
do all things reasonably necessary to assist the Insurers to exercise said
rights.
3.7 Except
in respect of any provision for Cancellation or Automatic Termination specified
in the Policy or any endorsement thereof, cover provided by this Endorsement
may only be cancelled or materially altered in a manner adverse to the Contract
Party(ies) by the Insurers giving not less than 30 days’ notice in writing to
the Contract Party(ies) (via the Appointed Broker, if any). Notice shall be
deemed to commence from the date such notice is given by the Insurers. Such
notice will NOT, however, be given at normal expiry date of the Policy or any
endorsement.
EXCEPT AS SPECIFICALLY
VARIED OR PROVIDED BY THE TERMS OF THIS ENDORSEMENT:-
1. THE CONTRACT PARTY(IES) ARE
COVERED BY THE POLICY SUBJECT TO ALL TERMS, CONDITIONS, LIMITATIONS,
WARRANTIES, EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.
2. THE POLICY SHALL NOT BE
VARIED BY ANY PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN ENDORSEMENT OR AMENDMENT TO THE POLICY.
SCHEDULE IDENTIFYING TERMS
USED IN THIS ENDORSEMENT
1.
Equipment1:
2.
Policy Deductible applicable to
physical damage to the Equipment2:
3.
(a) Contract Party(ies):
AND (b), in addition, in
respect of Legal Liability Insurances:
4. Contract(s):
and references
in this Endorsement
to “the Contract(s)” mean
the contract(s) listed above, as amended or supplemented from time to
time.
5.
Designated Contract Party:
6.
Effective Date3:
7.
Additional Premium:
8.
Appointed Broker:
__________________________________________
1 Specify details of any aircraft, engines or
spares to be covered.
2 Insert all applicable Policy deductibles.
3 Insert the date when the Contract Party(ies) acquire their
interests in the Equipment, or
the policy renewal date, as applicable.
AVN
In common with all AICG produced AVN Clauses, this
Clause is published by AICG, but it is expressly
non-binding and AICG makes no recommendation as to its use in particular
policies. Insurers are of course free to offer different policy wordings and
clauses to their policy holders.
AVN 67C
AIRLINE
FINANCE/LEASE CONTRACT ENDORSEMENT (HULL WAR)
It
is noted that the Contract Party(ies) have
an interest or interests in respect of the Equipment under the Contract(s).
Accordingly, with respect to losses occurring during the period from the Effective Date until (i) the date and
time at which the Insurance expires or, if earlier, (ii) the date and time at
which the Insured has no further obligation to insure the Equipment under the Contract(s), as notified in writing by
the Designated Contract Party to
the Insurers (via the Appointed Broker, if any) (such notification to be given
promptly and in any event within 30 days after such date), and in
consideration of the Additional Premium,
it is confirmed that the Insurance afforded by the Policy is in full force and
effect, and it is further agreed that the following provisions are specifically
endorsed to the Policy:-
1.
In respect of any
claim on Equipment that becomes payable on the basis of a Total Loss,
settlement (net of any relevant Policy Deductible) shall be made to, or to the
order of the Contract Party(ies). In respect of any other claim, settlement
(net of any relevant Policy Deductible) shall be made with such party(ies) as
may be necessary to repair the Equipment unless otherwise agreed after
consultation between the Insurers and the Insured and, where necessary under
the terms of the Contract(s), the Contract Party(ies).
2.
Such payments shall only be made provided
they are in compliance with all applicable laws and regulations.
3.
Insurers shall be
entitled to the benefit of salvage in respect of any property for which a
claims settlement has been made.
4.
The Contract Party(ies) are included as
Additional Insured(s).
5.
The provisions of
this Endorsement apply to each Contract
Party solely in its capacity as financier, lessor or lease servicer or
manager under the Contract(s) and
not in any other capacity. Knowledge that any Contract Party may have or acquire or actions that it may take or
fail to take in that other capacity (pursuant to any other contract or
otherwise) shall not be considered as invalidating the cover afforded by this
Endorsement. For this purpose “lease servicer or manager” means a Contract Party who is appointed by one
or more other Contract Party(ies) to
provide services relating to the Equipment
in connection with the Contract(s)
(other than services consisting of performance of maintenance, repairs
or other operational activities on the Equipment.).
6.
The cover
afforded to each Contract Party by
the Policy in accordance with this Endorsement shall not be invalidated by any
act or omission (including misrepresentation and non-disclosure) of any other
person or party which results in a breach of any term, condition or warranty of
the Policy PROVIDED THAT the Contract
Party so protected has not caused, contributed to or knowingly condoned
the said act or omission.
7.
The Contract Party(ies) shall have no
responsibility for premium, and Insurers shall waive any right of set-off or
counterclaim against the Contract
Party(ies), except in respect of outstanding premium in respect of the Equipment.
8.
Upon payment of
any loss or claim to or on behalf of any Contract Party(ies), Insurers shall to
the extent and in respect of such payment be thereupon subrogated to all legal
and equitable rights of the Contract Party(ies) indemnified hereby (but not against
any Contract Party). Insurers shall not exercise such rights without the
consent of those indemnified, such consent not to be unreasonably withheld. At
the expense of Insurers, such Contract Party(ies) shall do all things
reasonably necessary to assist the Insurers to exercise said rights.
9.
Except in respect
of any provision for Cancellation or Automatic Termination specified in the
Policy or any endorsement thereof, cover provided by this Endorsement may only
be cancelled or materially altered in a manner adverse to the Contract
Party(ies) by the Insurers giving not less than 7 days’ notice in writing to
the Contract Party(ies) (via the Appointed Broker, if any). Notice shall be
deemed to commence from the date such notice is given by the Insurers. Such
notice will NOT however be given at normal expiration date of the Policy or any
endorsement.
EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE
TERMS OF THIS ENDORSEMENT:-
1. THE
CONTRACT PARTY(IES) ARE COVERED BY THE POLICY SUBJECT TO ALL TERMS,
CONDITIONS, LIMITATIONS, WARRANTIES,
EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.
2.
THE POLICY SHALL NOT BE VARIED BY ANY
PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN
ENDORSEMENT OR AMENDMENT TO THE POLICY.
SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT
1.
Equipment1:
2.
Policy Deductible applicable to
physical damage to the Equipment2:
3.
Contract Party(ies):
4.
Contract(s):
and
references in this Endorsement to “the
Contract(s)” mean the contract(s) listed above, as amended or
supplemented from time to time.
5.
Designated Contract Party:
6.
Effective Date3:
7.
Additional Premium:
8.
Appointed Broker:
_____________________________________
1 Specify details of any aircraft, engines or
spares to be covered.
2 Insert all applicable Policy deductibles.
3 Insert the date when the Contract Party(ies) acquire their
interests in the Equipment, or
the policy
renewal date, as applicable.
AVN
AVN
68 CREW
EXCLUSION CLAUSE
This Policy does not cover claims arising from bodily injury
(fatal or otherwise) or property damage suffered by any member of the flight,
cabin or other crew whilst engaged in the operation of the Aircraft.
AVN 68 14.12.90
AVN 69 LONDON
AIRCRAFT INSURANCE POLICY (USA)
Headings and marginal captions are inserted for the
purpose of convenient reference only and are not to be deemed part of this
insurance.
In
consideration of the payment of the premium as stated herein, and in reliance
upon the statements made in the Application Form attaching to and forming part
hereof, we the Insurers, each for his own part and not one for another, our
heirs, executors and administrators agree with the Insured as follows:—
PART
I—AIRCRAFT PHYSICAL LOSS OR DAMAGE
Coverage
Insurers
will pay for accidental physical loss of or damage to the Aircraft occurring
during the Policy period and arising from the risks covered as detailed in the
Declarations attached, subject to the following, as well as to all the terms,
conditions and exclusions contained in this Policy:—
Engines
Dismantling,
Repairs
Payments
Costs
Deductibles
|
а) Any claim in respect of an engine is
restricted to loss or damage caused by theft, lightning, flood, outbreak of
fire external to the engine or by sudden and unexpected impact with a foreign
object requiring immediate withdrawal of the engine from service. As used herein "engine"
means an engine for propulsion or auxiliary power complete with all parts
necessary for test cell running. в) No dismantling or repairs shall be
commenced without the consent of the Insurers except whatever is necessary in
the interests of safety, or to prevent further damage, or to comply with
orders issued by the appropriate authority. с) Insurers have the option to pay whichever
is the least of the following:— (i)
cost of repairs
and costs detailed in (d) below; (ii)
the market value
of the Aircraft; (iii)
The amount insured
less the applicable deductible as stated in the Declarations attached, which
is the maximum payable under Part I in respect of any one Occurrence. d)
If Insurers elect to pay the cost of repairs, then they will also pay:— -
the cost of
transport, by the most economical means, necessary to effect repairs and to
return the Aircraft to the Insured's home airport after repairs; -
the cost of
replacing damaged parts which cannot be economically repaired; -
the cost of labor;
from the total of which shall be deducted:— 1.
the deductible
stated in Part I of the Declarations attached; where this is expressed as a
percentage, this shall be a percentage of the amount insured; 2.
extra costs and
overheads due to overtime working, if any;
|
|||
|
Total Loss
Theft
Missing
Aircraft
Wear and Tear |
3.
any profit element
whatsoever or overheads in excess of 150% of the actual labor cost if the
work is carried out by the Insured or the Insured's employees; 4.
such proportion of the Overhaul Cost
(hereinafter defined) as the used time bears to the Overhaul Life
(hereinafter defined) if the repair or replacement has the effect of
reinstating it (e)
If Insurers pay the market value or the amount insured, less the applicable
deductible, the Aircraft will no longer be insured hereunder. The Aircraft
shall not become the property of Insurers unless they elect to take the
Aircraft as salvage, together with all documents of title, registration and
record. (f)
If the Aircraft is stolen during the Policy period, and found undamaged
before Insurers have paid as in (e) above, then Insurers will pay the cost of
returning it to the Insured's home airport by the most economical means. (g) The Aircraft shall be considered as lost if
it is not reported or not located within 60 days of the last recorded takeoff
within the Policy period. (h) The Aircraft damage coverage does not apply
to loss or damage due solely to wear, tear, deterioration, freezing,
mechanical or electrical failure, or any combination of the foregoing causes,
unless such loss or damage is the direct result of other physical damage
covered by this Policy. Nevertheless, further loss or damage consequent upon
the proximate cause of wear, tear, deterioration, freezing, mechanical or
electrical failure shall be covered within the terms of this Policy. |
|
|
PART II—LIABILITY
Coverage
On behalf of the
Insured, Insurers will, at their option, settle by judgement or by compromise
at a figure not exceeding the limit of liability stated in the Declarations, or
defend claims or suits against the Insured
demanding compensation for:
Bodily
injury or property damage caused by an Occurrence first suffered during the
period of the Policy and arising out of the ownership or use of the Aircraft
and arising from the risks covered as detailed in the Declarations attached.
provided that
(a)
Insurers shall not be liable to settle or defend any demand
Employees
|
i
for compensation
for injury (fatal or otherwise) or loss suffered by any employee of the
Insured or of any additional Insured;
|
Contractual
Property in Care, Custody
Punitive Damages |
ii
for damages under
any contract or agreement unless such contract or agreement (other than an
airport contract) has been accepted by Insurers and endorsed hereon; or
unless such liability would have attached in the absence of such contract or
agreement;
iii for
compensation for loss of or damage to property owned, rented, occupied or in
the care, custody or control of the Insured or carried by the Aircraft, but
this exclusion shall not apply to passenger baggage and personal effects if
these are shown as covered in the Declarations; iv for
punitive or exemplary damages;
|
|
|
(b) there has been
no breach of the conditions of this Policy and no exclusions apply. In the
event of dispute as to the application of the conditions or exclusions,
Insurers will provide a defence, if requested, until the dispute is settled
but such defence shall not constitute a waiver of the terms of this Policy. |
|
NOTE: In addition
to the limits of liability stated in the Declarations Insurers will pay:— |
||
|
1.
all premiums on bonds to
release attachments for an amount not in excess of the applicable limit of
liability of this Policy, all premiums on appeal bonds; required in any suit
defended by Insurers, but without any obligation to apply for or furnish any such
bonds; |
|
|
2.
all costs taxed against the
Insured in any such suit or proceedings and all interest accruing after entry
of judgement until the Insurers have paid, tendered or deposited in court,
such part of such judgement as does not exceed the applicable limit of Insurers'
liability as stated herein; provided that in the event of the amount of such
judgement exceeding the applicable limit of Insurers' liability, the Insurers
shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the
amount of such judgement; |
|
|
3.
expenses incurred by the
Insured for emergency medical treatment immediately following bodily injury
signified as covered in the Declarations; |
|
|
4.
expenses incurred by Insurers
in settling or defending any claim or suit and all reasonable expenses, other
than loss of earnings, incurred by the Insured at Insurers' request. |
|
PART
III—MEDICAL PAYMENTS
Coverage
Subject
to the limits of liability, terms, conditions and exclusions contained in this
Policy, Insurers will pay all reasonable expenses incurred within one year from
the date of an Occurrence for necessary medical, surgical, ambulance, hospital,
professional nursing and funeral services, to or for each Passenger who
sustains bodily injury caused by an Occurrence when the Aircraft is being used
by the Named Insured or with his permission.
DEFINITIONS
"Insured" means the Named Insured identified in
the Declarations and also a pilot who meets the requirements of this Policy and
is authorized by the Named Insured.
"Aircraft" The word "Aircraft" wherever
used in this Policy, means the Aircraft described in the Declarations attached,
and in addition to the airframe shall include power plants, propellers, rotors
and equipment forming part of the Aircraft at the inception of coverage
hereunder, including parts detached and not replaced by other similar parts.
"Airport means a written agreement required by
any governmental or municipal Contract statute, rule or regulation as a
condition to the use of an airport or airport facility.
"in
Motion" An Aircraft is in Motion
whenever it is Taxying or is in Flight.
"Taxying" means while the Aircraft is moving under
its own power or momentum generated thereby other than in Flight as defined,
but in the case of water alighting Aircraft, Taxying shall be deemed to mean
while the Aircraft is afloat and is not in Flight or Moored.
"In
Flight" The Aircraft shall be deemed to be In Flight from the time the
Aircraft moves forward in taking off or in attempting to take off for air
transit, while in the air and until the Aircraft comes to rest after landing
or, the landing run having been safely completed, power is applied for Taxying.
A rotorcraft shall be deemed to be In Flight when the rotors are in motion.
"Moored" means while the Aircraft is afloat and
made fast to its moorings, or is being launched or hauled up.
"Overhaul
costs" means the costs of
labor and materials which are or would be incurred in overhaul or replacement
(whichever is necessary) at the end of the Overhaul Life.
"Overhaul
life" means the amount of use, or
operational and/or calendar time which, according to the Airworthiness
Authority, determines when overhaul or replacement is required.
"Occurrence" means an accident or a continuous or
repeated exposure to conditions occurring during the Policy period, which
result in injury, loss or damage during the Policy period, provided the injury,
loss or damage is accidentally caused.
"Occupant" means a Passenger or a member of the Crew.
"Passenger" means any person while in, on or boarding
the Aircraft for the purpose of riding or flying therein or alighting from the
Aircraft following flight or attempted flight therein.
"Crew"
means any person whose function is to operate or to assist in the operation of
the Aircraft, such as the pilot in command, co-pilot, flight engineer or flight
attendant.
Uses
of Aircraft
"Private
Pleasure" means use for
private and pleasure purposes but NOT use for any business or profession nor
for hire or reward.
"Business" means the uses stated in "Private
Pleasure" and use for the purpose of the Insured's business or profession
but NOT use for hire or reward.
"Commercial" means the uses stated in "Private
Pleasure" and "Business" and use for the carriage by the Insured
of Passengers, baggage accompanying passengers and cargo for hire or reward.
"Rental" means rental, lease, charter or hire
by the Insured to any person, company or organisation for "Private
Pleasure" and "Business" uses only, where the operation of the
Aircraft is not under the control of the Insured. Rental for any other purpose
is NOT insured under this Policy unless specifically declared to Insurers under
Special Rental Uses in the Declarations.
The
definitions of "Private Pleasure", "Business",
"Commercial" and "Rental" constitute Standard Uses and do
not include abnormal uses such as instruction, aerobatics, hunting,
fish-spotting, patrol, parachuting, fire-fighting, carriage of external loads,
the intentional dropping, spraying or release of anything, any form of
experimental or competitive flying, and any other use involving abnormal
hazard, but when cover is provided details of such use(s) are stated in the
Declarations under Special Uses.
EXCLUSIONS
THIS
POLICY DOES NOT APPLY
Airworthiness
Illegal Use
Geographical
limits
Transportation
Pilots
|
(i)
while the Aircraft
is in Flight unless it has a standard airworthiness certificate in full force
and effect; (ii) whilst
the Aircraft is being used for any illegal purpose or for any purpose other
than those stated in the Declarations and as defined in the Definitions; (iii) whilst
the Aircraft is outside territorial limits stated in the Declarations unless
the Aircraft is forced outside those limits due to circumstances beyond the
control of the pilot; (iv)
whilst the
Aircraft is being transported by any means of conveyance except as the result
of an accident giving rise to a claim; (v)
when the pilot in
command does not comply with the pilot specification in the Declarations or
has not passed the necessary proficiency test within the statutory period or
is not in possession of a current and valid medical certificate or is not
certificated for the make and model being flown and currently rated for the
flight conditions involved;
|
|
Number of
Passengers
Air Regulations
Engine starting
Other insurance
Wrongful
conversion |
(vi)
if the Aircraft
load or the number of Passengers exceeds the approved operating limitations
contained in the relevant flight manual/handbook or other documents
associated with the airworthiness certificate; nor shall coverage apply when
the Aircraft is carrying more Passengers than the number of seats stated in
the Declarations; (vii) while
with the knowledge and consent of the Named Insured or of any executive
officer or partner of the corporation or partnership the Aircraft is being
operated in violation of Civil Air Regulations (viii)
to the starting of
an engine of the Aircraft without a licensed pilot or licensed aircraft
mechanic seated at the controls; (ix)
to claims which
are payable whether or not payment has been made under any other policy or
policies except in respect of any excess beyond the amount which would have
been payable under such other policy or policies had this insurance not been
effected; (x)
to loss or damage
due to wrongful conversion, embezzlement or secretion of the Aircraft by any
person in possession thereof under a license, lease, mortgage, conditional
sale or other agreement, or under an agreement with the Insured, whether
written, oral or implied; |
|
Transfer
of Interest
|
(xi)
following a
transfer of the interest of the Insured in the Aircraft without the written
consent of the Insurers; or whilst the Aircraft is subject to any lien,
mortgage or other encumbrances not specifically declared and described in
this Policy; |
|
Aircraft
Alteration |
(xii) while
the Aircraft is changed or converted into a type other than that stated in
the Declarations; |
|
Radioactivity
War, Hijacking
|
(xiii)
to loss, damage or
liability directly or indirectly caused by or contributed to by or arising
from ionizng radiations or contamination by radioactivity; (xiv)
to claims caused
by (a)
War, invasion,
acts of foreign enemies, hostilities (whether war be declared or not), civil
war, rebellion, revolution, insurrection, martial law, military or usurped
power or attempts at usurpation of power. (b)
Any hostile
detonation of any weapon of war employing atomic or nuclear fission and/or
fusion or other like reaction or radioactive force or matter. (c)
Strikes, riots,
civil commotions or labour disturbances. (d)
Any act of one or
more persons, whether or not agents of a sovereign Power, for political or
terrorist purposes and whether the loss or damage resulting therefrom is
accidental or intentional.
|
|
(e)
Any malicious act
or act of sabotage (f)
Confiscation,
nationalization, seizure, restraint, detention, appropriation, requisition
for title or use by or under the order of any Government (whether civil
military or de facto) or public or local authority. (g) Hijacking
or any unlawful seizure or wrongful exercise of control of the Aircraft or
Crew in Flight (including any attempt at such seizure or control) made by any
person or persons on board the Aircraft acting without the consent of the
Insured; |
|
|
Furthermore this Policy does not cover claims arising
whilst the Aircraft is outside the control of the Insured by reason of any of
the above perils. The Aircraft shall be deemed to have been restored to
the control of the Insured on the safe return of the Aircraft to the Insured
at an airfield not excluded by the geographical limits of this Policy, and
entirely suitable for the operation of the Aircraft (such safe return shall
require that the Aircraft be parked with engines shut down and under no
duress); |
|
Noise,
Pollution and Other Perils
|
(xv) (1) to claims directly or indirectly
occasioned by, happening through or in (a)
noise (whether
audible to the human ear or not), vibration, sonic boom and any phenomena
associated therewith, (b)
pollution and
contamination of any kind whatsoever, (c)
electrical and
electromagnetic interference, (d)
interference with
the use of property; unless caused by or resulting in a crash fire
explosion or collision or a recorded in-flight emergency causing abnormal
Aircraft operation. (2) With respect to any provision in the Policy
concerning any duty of Insurers to investigate or defend claims, such
provision shall not apply and Insurers shall not be required to defend (a)
claims excluded by
Paragraph (1) or (b)
a claim or claims
covered by the Policy when combined with any claims excluded by Paragraph (1)
(referred to below as "Combined Claims"). (3) In respect
of any Combined Claims, Insurers shall (subject to proof of loss and the
limits of the Policy) reimburse the Insured for that portion of the following
items which may be allocated to the claims covered by the Policy: |
|
|
(i)
damages awarded
against the Insured and (ii)
(defense fees and
expenses incurred by the Insured. (4) Nothing herein shall override any radioactive
contamination or other exclusion clause attached to or forming part of this
Policy.
|
|
INSURED'S
DUTIES WHEN LOSS OCCURS
(1) Notice of Claim
In the event of any
Occurrence likely to result in a claim hereunder, immediate written notice must
be given by or on behalf of the Insured to the Insurers, or person named under
"Notice of Claim" in the Declarations, (hereinafter called the "Agent").
Such notice shall include all immediately available information regarding the
circumstances of the Occurrence.
(2)
Co-operation and Assistance
The
Insured must co-operates with and assist the Insurers in fulfilling their
obligations under this Policy and shall not take any kind of independent action
without the prior approval of the Insurers subject to the following:-
Claim
under Part 1—Aircraft Physical Loss or Damage
a)
The Insured shall
take all reasonable measures to protect the Aircraft, whether or not the loss
is covered by this Policy, and any further loss due to the Insured's failure to
do so shall not be recoverable under this Policy; reasonable expenses incurred
in affording such protection, provided the loss is covered by this Policy,
shall be deemed incurred at the Insurers' request.
b)
In the event of
theft or criminal damage to the Aircraft the Insured shall report details to
the police immediately. Insurers shall not be responsible for the payment of
any reward offered unless previously agreed by them.
c)
The Insured shall
file proof of loss within ninety (90) days of the Occurrence being a sworn
statement of all monetary interests in and insurances of the Aircraft, the
place, time and cause of the Occurrence giving rise to the loss or damage, the
amount of the loss or damage, together wit hi documentary proof thereof. All
documents relating to the Aircraft and pilot must be forwarded to the Insurers
or their nominated Agent.
d)
No action shall lie
against the Insurers until sixty (60) days after proof of loss shall have been
filed and the amount of loss shall have been determined as provided in this
Policy nor unless such action shall have been commenced within twelve months next
after the happening of the loss.
Claim
under Part II—Liability
a)
The Insured shall
make no admission of liability and any demand, notice, summons or other process
received by the Insured, or his representatives, shall be forwarded immediately
to the Agent.
b)
The Insured may,
provided no admission of liability is made, incur such medical and surgical
expenses as may be immediately necessary at the time of the Occurrence and the
Insurers will pay such expenses in addition to any claim admitted hereunder.
c)
No action shall lie
against the Insurers until the amount of the Insured's obligation to pay shall
have been finally determined either by judgement against the Insured after
actual trial or by written agreement of the Insured, the Claimant and the
Insurers. Any person or organisation or the legal representative thereof who
has secured such judgement or written agreement shall thereafter be entitled to
recover under this Policy to the extent of the insurance afforded by this
Policy. Nothing contained in this Policy shall give any person or organisation
any right to join the Insurers as a co-defendant in any action against the Insured
to determine the Insured's liability. Bankruptcy or insolvency of the Insured
or the Insured's estate shall not relieve the Insurers of any of their
obligations hereunder.
Claims
under Part III—Medical Payments
Prior
to the payment of any claim hereunder, the injured person must give such
authority as may be required to enable the Insurers to obtain access to all
applicable medical records and shall submit to such medical examinations as
often as may be reasonably required by the Insurers, who will pay the cost of
any such medical examinations in addition to any claim admitted hereunder. Such
payment shall not constitute admission of liability of the Insured or of the
Insurers under any other coverage hereunder.
CONDITIONS
A) The
due observance and fulfilment of the terms conditions and endorsements of this
Policy shall be a condition precedent to any liability of the Insurers to make
any payment under this Policy.
B) Reinstatement
In the event of loss under Part 1 whether or not covered by this Policy the
amount of insurance in respect to any Aircraft shall be reduced as of the time
and date of loss by the amount of such loss and such reduced value shall
continue until repairs are commenced. The insurance shall then be increased by
the value of the completed repairs until the amount of insurance is fully
reinstated or the Policy has expired.
C) Two
or more Aircraft
When two or more Aircraft are insured hereunder, the terms of this Policy shall
apply separately to each.
D) Subrogation
In the event of any payment under this Policy, the Insurers shall take over all
the Insureds' rights of recovery therefor against any person or organisation
and the Insured shall do whatever is necessary to secure such rights.
E)
Changes
No change in this Policy shall be effective unless an endorsement signed by the
Insurers has been issued. Notice to any agent or knowledge possessed by any
agent shall not effect a change in any part of this Policy or prevent the
Insurers from asserting their rights under this Policy.
F)
Assignment
This Policy shall not be assigned in whole or in part except with the consent
of the Insurers verified by endorsement hereon. If the Insured shall die, this
Policy shall cover the Insured's legal representatives as the Insured.
G)
Financial
Responsibility Laws
Such insurance as is afforded by this Policy
shall comply with the provisions of any Financial Responsibility Law, or other
Law applicable to Aircraft with respect to financial responsibility or liability arising out of the ownership, maintenance or
use of Aircraft during the Policy period. However, the foregoing shall not
apply to any type of coverage not afforded by this Policy nor shall it apply to
any amount or amounts in excess of the limit or limits of liability provided in
the Policy. The Insured agrees to reimburse the Insurers for any payment made
by the Insurers which the Insurers would not have been obligated to make under
the terms of this Policy but for the agreement contained in this condition.
H)
No Benefit To Bailee
The
Insurance afforded by this Policy shall not inure directly or indirectly to the
benefit of any bailee.
I)
State Laws
Terms
of this Policy which are in conflict with the statutes of the state wherein
this Policy has application are hereby amended to conform to such statutes.
J)
Limitation of
Liability Clause (Joint Insureds)
Notwithstanding
the inclusion herein of more than one Insured, whether by endorsement or
otherwise, the total liability of the Insurers in respect of any or all
Insureds shall not exceed the limit(s) of liability stated in this Policy.
K) Appraisal
If the Insured and Insurers fail to agree as to the amount of loss under Part
I, each shall, on the written demand of either, made within sixty (60) days
after receipt of proof of loss by the Insurers, select a competent and
disinterested appraiser, and the appraisal shall be made at a reasonable time
and place. The appraisers shall first select a competent and disinterested
umpire, and failing for fifteen (15) days to agree upon such umpire, then on
request of the Insured or the Insurers, such umpire shall be selected by a
judge of a court of record in the county and state in which such appraisal is
pending. The appraisers ;3hall then appraise the loss, stating separately the
actual cash value at the time of the loss and the amount of loss in respect of each
item, and failing to agree, shall submit their differences to the umpire. An
award in writing of any two shall determine the amount of loss. The Insured and
the Insurers shall each pay his or their chosen appraiser and shall bear
equally the other expenses of the appraisal and umpire.
The
Insurers shall not be held to have waived any of their rights by any act
relating to appraisal.
L)
Cancellation
This
Policy may be cancelled by the Named Insured by mailing to the Agent named
herein written notice stating when thereafter such cancellation shall be
effective. This Policy may be cancelled by the Insurers by mailing to the Named
Insured at the address shown in this Policy written notice stating when not
less than thirty (30) days thereafter such cancellation shall be effective. The
mailing of notice as aforesaid shall be sufficient proof of notice and the
effective date and hour of cancellation stated in the notice shall become the
end of the Policy period. Delivery of such written notice either by the Named
Insured or by the Insurers shall be equivalent to mailing.
If
the Named Insured cancels, earned premium shall be computed in accordance with
the short rate table below. If the Insurers cancel, earned premiums shall be
computed pro rata. The Insurers' check or the check of their representative
mailed or delivered as aforesaid shall be sufficient tender of any refund of
premium due to the Named Insured.
In
respect of Aircraft Physical Damage, the premium shall be deemed fully earned
in respect of any Aircraft on which a loss under this Policy, adjustable on the
basis of the full amount insured less any applicable deductible, has occurred.
SHORT RATE
CANCELLATION TABLE
Days |
|
Per cent. of |
|
Days |
|
Per cent. of |
Policy |
|
One Year |
|
Policy |
|
One Year |
in Force |
|
Premium |
|
in Force |
|
Premium |
1 .......................................... 5............... 154-156 ....... 53
2 .......................................... 6............... 157-160 ....... 54
3-4 .......................................... 7............... 161-164 ....... 55
5-6 .......................................... 8............... 165-167 ....... 56
7-8 .......................................... 9............... 168-171 ....... 57
9-10 ........................................ 10............... 172-175 ....... 58
11-12 ........................................ 11............... 176-178 ....... 59
13-14 ........................................ 12............... 179-182 (6 months) 60
15-16 ........................................ 13............... 183-187 ....... 61
17-18 ........................................ 14............... 188-191 ....... 62
19-20 ........................................ 15............... 192-196 ....... 63
21-22 ........................................ 16............... 197-200 ....... 64
23-25 ........................................ 17............... 201-205 ....... 65
26-29 ........................................ 18............... 206-209 ....... 66
30-32 (1 month).......................... 19............... 210-214 (7 months) 67
33-36 ........................................ 20............... 215-218 ....... 68
37-40 ........................................ 21............... 219-223 ....... 69
41-43 ........................................ 22............... 224-228 ....... 70
44-47 ........................................ 23............... 229-232 ....... 71
48-51 ........................................ 24............... 233-237 ....... 72
52-54 ........................................ 25............... 238-241 ....... 73
55-58 ........................................ 26............... 242-246 (8 months) 74
59-62 ( 2 months)....................... 27............... 247-250 ....... 75
63-65 ........................................ 28............... 251-255 ....... 76
66-69 ........................................ 29............... 256-260 ....... 77
70-73 ........................................ 30............... 261-264 ....... 78
74-76 ........................................ 31............... 265-269 ....... 79
77-80 ........................................ 32............... 270-273 (9 months) 80
81-83 ........................................ 33............... 274-278 ....... 81
84-87 ........................................ 34............... 279-282 ....... 82
88-91 ( 3 months)....................... 35............... 283-287 ....... 83
92-94 ........................................ 36............... 288-291 ....... 84
95-98 ........................................ 37............... 292-296 ....... 85
99-102 ........................................ 38............... 297-301 ....... 86
103-105 ........................................ 39............... 302-305 (10 months) 87
106-109 ........................................ 40............... 306-310 ....... 88
110-113 ........................................ 41............... 311-314 ....... 89
114-116 ........................................ 42............... 315-319 ....... 90
117-120 ........................................ 43............... 320-323 ....... 91
121-124 (4 months)........................ 44............... 324-328 ....... 92
125-127 ....................................... .45............... 329-332 ....... 93
128-131 ........................................ 46............... 333-337 (11 months) 94
132-135 ........................................ 47............... 338-342 ....... 95
136-138 ........................................ 48............... 343-346 ....... 96
139-142 ........................................ 49............... 347-351 ....... 97
143-146 ........................................ 50............... 352-355 ....... 98
147-149 ........................................ 51............... 356-360 ....... 99
150-153 (5 months)........................ 52............... 361-365 (12 months) 100
(N)
Service of Suit
It
is agreed that in the event of the failure of the Insurers hereon to pay any
amount claimed to be due hereunder, the Insurers hereon, at the request of the
Insured, will submit to the: jurisdiction of a Court of competent jurisdiction
within the United States. Nothing in this Clause constitutes or should be
understood to constitute a waiver of Insurers' rights to commence an action in
any Court of competent jurisdiction in the United States, to remove an action
to a United States District Court, or to seek a transfer of a case to another
Court as permitted by the laws of the United States or of any State in the
United States. It is further agreed that service of process in such suit may be
made upon the person(s) named in the Declarations and that in any suit
instituted against any one of them upon this contract, Insurers will abide by
the final decision of such Court or of any Appellate Court in the event of an
appeal.
The person(s) named
in the Declarations are authorized and directed to accept service of process on
behalf of Insurers in any such suit arid/or upon the request of the Insured to
give a written undertaking to the Insured that they will enter a general appearance
upon Insurers' behalf in the event that such a suit shall be instituted.
Further,
pursuant to any statute of any state, territory or district of the United
States which makes provision therefor, Insurers hereon hereby designate the
Superintendent, Commissioner or Director of Insurance or other officer
specified for that purpose in the statute, or his successor or successors in
office, as their true and lawful attorney upon whom may be served any lawful
process in any action, suit or proceeding instituted by or on behalf of the
Insured or any beneficiary hereunder arising out of this contract of insurance,
and hereby designate the person(s) named in the Declarations as the person(s)
to whom the said officer is authorized to mail such process or a true copy
thereof.
AVN
69 1.10.96
DECLARATIONS (AVN 69)
Policy No. _________________
Application Dated
________________________________.
Named
Insured_______________________________________________________________
Address__ „_
________________________________________________________________
Policy Period:
From _______ _ ____________ To ___________________________
12.01 am Standard Time at the address stated above.
This insurance applies only to Occurrences during the Policy period and
only with respect to such of the coverages below for which a specific premium
charge is shown.
______________________________________________________________________
SCHEDULE OF AIRCRAFT
Year |
Make& Model. |
Re. No. |
Seats ex crew |
U/C Type Wheels Floats Amphib Skis Skids |
Risks covered Shown by XXX |
Uses |
|||||
Hulls |
Liabs |
||||||||||
|
|
|
|
|
In Motion |
Not in Motion |
In Motion |
Not in Motion |
a) d) |
b) e) |
c) |
NOTE: Where rotorwing Aircraft are insured, the words "In
Motion", "Not In Motion" shall be interpreted as meaning
"Rotors In Motion", "Rotors Not In Motion".
_______________________________________________________________________
USES
Aircraft are covered only for the uses described below, as indicated by
the appropriate letter under "Uses" above.
a) Private Pleasure b) Business c) Commercial d) Rental
e) Special Uses/Special Rental Uses being: _______________________________________
(For definitions see page 3 _______ of Policy)
_______________________________________________________________________
PILOTS
The coverages afforded by this Policy do not apply while the Aircraft is
operated by persons other than the following pilots:
AVN 69 1.10.96
All pilots must have passed the necessary proficiency test within the
statutory period, and be in possession of a current valid Medical Certificate,
and be certificated for the make and model being flown, unless otherwise
stated.
_______________________________________________________________________
TERRITORIAL LIMITS
The Policy applies only whilst the Aircraft is in the
___________INCLUDING
_________________________________________________________
______________________________________________________________________
LOSS PAYABLE: Loss, if any, under Part I is
payable, as interest may appear, to the Insured named above and to
_____________________________________________________________________
==================================================================
Registration No.
Amount Insured Deductibles _____PREMIUM
(Where
no amount inserted
no hull coverage applies) $ ___________
$
___________
$
___________
$
___________
$
___________
$
___________
$
___________
Deductible(s) applicable all losses
______ ..including Total Loss.
==================================================================
PART II. LIABILITY COVERAGES |
LIMITS OF LIABILITY (The same for all aircraft unless otherwise endorsed hereon)
|
|
(A) Bodily
Injury $ (Excluding occupants of the Aircraft) $ (B) Damage to
Property
$ (C) Bodily
Injury to Passengers
$ (D) Passengers' Baggage &
Personal |
each person each Occurrence each Occurrence each person each Occurrence
each person
|
$ ___________ $ ___________
$ ___________
$ ___________ |
(A) & (B) Combined Single Limit $ |
each Occurrence |
$ ___________ |
(A) & (B)
& (C) Combined Single Limit $ with Coverage (C) limited to $ $
|
each Occurrence each person |
$ ___________ |
PART III. MEDICAL PAYMENTS $ each person $
(_____including Crew)
===================================================================
TOTAL PREMIUMS PART 1
PART II
PART III
PREMIUM FOR ENDORSEMENTS:
TOTAL PREMIUM
Limitation of Liability Clause (Joint Insureds)
Notwithstanding the inclusion herein of more than one Insured, whether by
endorsement or otherwise, the total liability of the Insurers in respect of any
or all Insureds shall not exceed the limit(s) of liability stated in this
Policy.
SERVICE OF SUIT NOMINEE:
__________________________________________________________________________________
NOTICE OF CLAIM
Immediate written notice in the event of any Occurrence likely to result
in a claim to be given to:-
(see "INSURED'S DUTIES WHEN
LOSS OCCURS")
MISREPRESENTATION AND FRAUD
Proportion Insured Hereby
This Policy, being signed for
% of the total amount of insurance,
insures ONLY ITS PRO RATA PROPORTION OF
(i) any loss as
more fully specified herein, whether total or partial, and
(ii) associated
costs, if any, as more fully specified herein.
The percentages signed in the
attached Table are percentages of the amount(s) of insurance stated herein.
Issued at
Date of Issue
AVN
71 NUCLEAR RISKS
EXCLUSION CLAUSE
This Policy does not cover:
(i) loss of or destruction of or damage to
any property whatsoever or any loss or expense whatsoever resulting or arising
therefrom or any consequential loss
(ii) any legal liability of whatsoever nature
directly
or indirectly caused by or contributed to by or arising from:
(a) the radioactive, toxic, explosive or other
hazardous properties of any explosive nuclear assembly or nuclear component
thereof;
(b) ionizing radiations or contamination by
radioactivity from, or the toxic, explosive or other hazardous properties of
any other radioactive source whatsoever.
AVN 71 22.7.96
AVN
72 CONTRACTS
(RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE
The rights of a person who is
not a party to this insurance or reinsurance to enforce a term of this
insurance or reinsurance and/or not to have this insurance or reinsurance
rescinded, varied or altered without his consent by virtue of the provisions of
the Contracts (Rights of Third Parties) Act 1999 are excluded from this
insurance or reinsurance.
AVN 72 9.2.2000
AVN
73 LIABILITY TO
PILOTS AND CREW CLAUSE
It is understood and agreed that
notwithstanding any exclusion specifically relating to pilots and operational
crew in the Section of this Policy covering the liability of the Insured to
passengers, such coverage shall extend to include the liability of the Insured
to the pilots and operational crew of the insured Aircraft, but excluding
liability required to be insured under the terms of any employers' liability or
workman's compensation legislation or any similar legislation.
AVN 73 09.02.01
AVN
74 PILOT INDEMNITY CLAUSE
The Sections of this Policy
covering bodily injury liability, including to passengers, and property damage
liability are extended to cover, as if he/she were the Insured, any pilot authorized
by the Insured under the terms of the Policy in respect of injury or damage
arising out of the operation of the Aircraft described in the Schedule to the
Policy, but not so as to increase the liability of Insurers beyond the amount
which would otherwise have been payable under this Policy had liability been
incurred by the Insured.
Provided always that
1. At the time of any accident giving rise to a
claim under this Clause the said pilot
(a) shall as though he/she were
the Insured, observe, fulfil and be subject to the terms, conditions and
exclusions contained in the Policy, and
(b) is not entitled to indemnity
under any other policy.
2.
There shall be no indemnity under this Clause in respect of claims made
against the pilot by the Insured and/or with respect to the Aircraft described
in the Schedule to the Policy.
AVN 74 09.02.01
AVN 75 FLYING
CLOTHING AND EFFECTS CLAUSE
This Policy is extended to cover
the Insured or any pilot described in the Schedule of the Policy against loss
or damage by theft or fire (or accidental damage if the Aircraft itself be
damaged) in respect of flying clothing, maps, navigating equipment and
instruments, headsets or similar equipment (not being fixtures in the Aircraft)
and baggage (including contents) actually in or on the Aircraft being the
property of the Insured or any pilot described in the Schedule of the Policy,
but excluding money, credit cards, securities, jewellery and furs of all kinds.
This extension is limited to a maximum indemnity of ___________ each Accident.
Subject to a deductible of ___________ each Accident.
AVN 75 09.02.01
AVN 76 SUPPLEMENTARY
PAYMENTS CLAUSE
It is
understood and agreed that this Policy is extended to cover as more fully set
forth under those paragraph(s) identified below. It is expressly understood
that no cover is provided under those paragraphs of this Clause, which have not
been identified below.
The Insurers agree to indemnify the
Insured for
- any reasonable expenses
incurred for the purpose of search and rescue operations for an Aircraft
insured hereunder determined to be missing and unreported after the
computed maximum endurance of the flight has been exceeded;
- any reasonable expenses
incurred for the purpose of runway foaming to prevent or mitigate possible
loss or damage because of malfunction or suspected malfunction of an
Aircraft insured hereunder;
- any reasonable expenses
incurred for the purpose of attempted or actual raising, removal, disposal
or destruction of the wreck of an Aircraft insured hereunder and the
contents thereof;
- any reasonable expenses
which the Insured may be called upon to pay in respect of any public
inquiry or inquiry by the Civil Aviation Authority or any other relevant
authority into an Accident involving an Aircraft insured hereunder.
Coverage is provided under
paragraphs _______________ above.
Provided always that Insurers'
liability shall not exceed ___________________ in the aggregate over all
paragraphs insured.
AVN 76
09.02.01
AVN
77 UNAUTHORIZED USE CLAUSE
No claim under this Policy shall
be rejected on the grounds that the Aircraft was used in a place or in a manner
or by a person not permitted under the terms of this Policy provided such use
was not authorized by the Insured and that the Insured had taken reasonable
precautions to prevent such unauthorized use. Any consent given by an employee
or agent of the Insured outside the normal scope of his authority shall be
deemed not to be authorization given by the Insured.
AVN 77 09.02.01
AVN
78 FORCED LANDING CLAUSE
Insurers hereon agree that in
the event of an insured Aircraft making a forced landing in any place where
subsequent safe take-off is impossible they will pay all reasonable costs,
expenses or expenditure for the removal of the Aircraft to the nearest suitable
take-off area provided always that Insurers' liability for such costs, expenses
or expenditure, and for any loss of or damage to the Aircraft, shall not exceed
the value of the Aircraft as declared in the Policy.
AVN 78 09.02.01
AVN
79 UNEARNED PREMIUM INSURANCE CLAUSE
In the event of a claim
adjustable on the basis of a total loss the Insurers will indemnify the Insured
for and will pay as a claim the unearned portion of the premium paid for loss
of or physical damage to the Aircraft the subject of the loss computed at pro
rata from the day following the loss to the expiry date of this Policy.
AVN 79 09.02.01
AVN
80 MEDICAL AND RELATED EXPENSES
INCLUSION CLAUSE
It is understood and agreed that
this Policy is extended to pay all reasonable expenses incurred within one year
from the date of accident for necessary medical, surgical, ambulance, hospital,
professional nursing, repatriation and funeral expenses to or for each person
who sustains bodily injury, sickness or disease, caused by accident whilst in,
entering or alighting from the Aircraft if the Aircraft is being used by the
Insured or with his permission.
As soon as practicable, the
injured person or someone on his behalf shall give to the Insurers or any of
their representatives written proof of claim, under oath if required, and
shall, after each request from the Insurers, execute authorisation to enable
the Insurers to obtain medical reports and copies of records. The injured
person shall submit to physical examination by physicians selected by the
Insurers when and as often as the Insurers may reasonably require. The insurance afforded by this coverage shall
be subject to a Policy limit of ____________ and shall be excess insurance over
any other valid and collectible insurance applicable thereto.
The coverage afforded by this
Clause extends to the pilot(s) and operational crew of
the Aircraft.
does not
extend *
*Delete as appropriate.
AVN 80 09.02.01
AVN 81 OUT OF
NOTIFIED HOURS CLAUSE
The coverage provided by this Policy
shall not be invalidated as a result of the use, by the Insured, of certain
airfields and/or airports out of the notified hours, subject to prior
permission having been granted by the appropriate owner and/or operator of such
airfield and/or airport.
AVN 81 09.02.01
AVN
82 NO CLAIM BONUS CLAUSE
In the event of no claim having
been made on this Policy the Insurers will allow to the Insured a No Claim
Bonus of ___________% of the premium paid hereon.
AVN 82 09.02.01
AVN
83 NO CLAIM BONUS CLAUSE
In the event of no claim having
been made on the Aircraft loss or physical damage Section of this Policy the
Insurers will allow to the Insured a No Claim Bonus of ___________% of the
premium paid for the Aircraft loss or physical damage coverage hereon.
AVN 83 09.02.01
AVN
84 NO CLAIM BONUS ON RENEWAL CLAUSE
In the event of no claim having been made on this
Policy, and the renewal of this insurance being effected with the Insurers
hereon, the Insurers will allow to the Insured a No Claim Bonus of ____% of the
premium paid hereon.
AVN 84 09.02.01
AVN
85 NO CLAIM BONUS ON RENEWAL CLAUSE
In the event of no claim having been made on the
Aircraft loss or physical damage Section of this Policy, and the renewal of
this insurance being effected with the Insurers hereon, the Insurers will allow
to the Insured a No Claim Bonus of ___________% of the premium paid for the
Aircraft loss or physical damage coverage hereon.
AVN 85 09.02.01
AVN
86 PROFIT COMMISSION CLAUSE
After expiry of this Policy and
following the receipt by the Insurers of the final adjustment of all premiums
due and settlement of all claims in respect of this period of insurance,
Insurers agree to return to the Insured a Profit Commission of ___________% of
the net ascertained profit hi respect of this period of insurance.
The net ascertained profit shall
be calculated by deducting the 'outgo' from the 'income' as follows:-
Income
______ % of premium less all returns of premium.
Outgo
Total of settled claims and related expenses less any salvages and
recoveries.
AVN 86 09.02.01
AVN 87 09.02.01
PROFIT
COMMISSION CLAUSE
After expiry of this Policy and
following the receipt by the Insurers of the final adjustment of all premiums
due and settlement of all Aircraft loss or physical damage claims in respect of
this period of insurance, Insurers agree to return to the Insured a Profit
Commission of ___________% of the net ascertained profit hi respect of this
period of insurance.
The net ascertained profit shall be calculated by deducting the 'outgo'
from the 'income' as follows:-
Income
______ % of premium paid for Aircraft loss or physical damage coverage
less all returns of premium.
Outgo
Total of settled Aircraft loss or physical damage claims and related
expenses less any salvages and recoveries.
AVN 87 09.02.01
AVN
88 PROFIT COMMISSION ON RENEWAL CLAUSE
After expiry of this Policy and
following the receipt by the Insurers of the final adjustment of all premiums
due and settlement of all Aircraft loss or physical damage claims in respect of
this period of insurance and subject to renewal with the Insurers hereon,
Insurers agree to return to the Insured a Profit Commission of ________% of the
net ascertained profit in respect of this period of insurance.
The net ascertained profit shall be calculated by deducting the 'outgo'
from the 'income' as follows:-
Income
______ % of premium paid for Aircraft loss or physical damage coverage
less all returns of premium.
Outgo
Total of settled Aircraft loss or physical damage claims and related
expenses less any salvages and recoveries.
AVN 88 09.02.01
AVN
89 INNOCENT OPERATORS COVERAGE CLAUSE
This Policy is extended to cover
physical damage to the Aircraft hereby insured arising from the action of any
Government, Government Department, Authority or Agency by reason of actual or
alleged infringement of Customs, Quarantine or Public Health regulations.
Warranted the Insured shall
(a) not knowingly carry cargo incorrectly
described or labeled;
(b) take
reasonable precautions to adhere to any Customs, Quarantine or Public Health
regulations.
AVN 89 09.02.01
AVN 90 FERRY FLIGHT ENDORSEMENT
This Policy is extended to cover a
Ferry Flight of Aircraft (type/registration)
………………..
from
...............................
to ………………………………………
The term "Ferry Flight" shall be understood
to mean the specific flight for which this insurance is provided commencing
when the pilot enters the Aircraft for the purpose of taking off (including any
intervening period whilst on the ground incidental to the flight in question)
and ending at the time the pilot has descended from the Aircraft after the
Aircraft has completed its landing run at the airfield of delivery.
Notwithstanding the above this Endorsement is extended
to for flight risks only include up to two hours familiarisation flying carried
out no more than forty eight hours prior to the commencement of the Ferry
Flight.
The Ferry Flight must be completed within 30 days
of....................., unless due to "force majeure" or if prior
notice has been given to Insurers of an extension otherwise required by the
Insured then this Endorsement may be extended at terms to be agreed.
Additional Premium:
..........................................................
In the event of a claim arising under this Endorsement
which exceeds the premium paid the balance of the full annual premium
of............................... shall become due and payable forthwith.
It is understood and agreed that, except as
specifically provided in the foregoing to the contrary, this Endorsement is
subject to the terms, exclusions, conditions and limitations of the Policy to
which it is attached.
AVN 90 4.2.02
AVN 91 TRESPASSERS COST CLAUSE
Subject to the payment of an additional
premium of {Response}, it is agreed that Insurers will, at the request of and
regardless of legal liability of the Insured, offer reasonable settlement in
respect of loss of or damage to crops and/or other property caused by
trespassers following a crash or forced landing of the Aircraft up to but not
exceeding {Response} in the aggregate
during the currency of the Policy.
AVN 91 30.4.02
AVN 92 CARGO LEGAL LIABILITY ENDORSEMENT
This Endorsement extends the coverage provided under
Section .................. of this Policy, subject to the Limit of Indemnity
and to the Deductible stated below, for legal liability in respect of
accidental physical loss of or damage to cargo, whilst in the care, custody or
control of the Insured, for the purpose of carriage by air.
Provided always that
1. Before
accepting any cargo for the purpose of carriage by air the Insured shall take
such measures (including but not limited to the issue or acceptance of an air
waybill) as are necessary to exclude or limit liability for claims in respect
of the accidental physical loss of or damage to that cargo to the extent
permitted by law. In no event shall the amount of the indemnity provided by
Insurers under this Endorsement exceed the amount of the legal liability, if
any, that would have existed had the Insured taken such measures.
2. The
Insured shall ensure that cargo in their care, custody or control is kept in
secure premises at all times other than during transit.
Coverage provided by this Endorsement attaches from
the time of acceptance of such cargo by the Insured and ceases upon delivery by
the Insured at the final destination or when handed over to a successive
carrier.
This Endorsement does not apply to legal liability in respect of:
1. delay or
loss of market;
2.
perishables and/or livestock; :
3.
consequential loss howsoever arising;
4. slung
loads;
5. money,
securities, precious stones, precious metals, jewellery, fine art and antiques
of any kind.
LIMIT OF INDEMNITY
………………………………………………………………………………….
DEDUCTIBLE
…………………………………………………………………………………..
AVN 92 30.4.02
AVN 93 WORK IN PROGRESS ENDORSEMENT
The coverage provided by this Policy in respect of
aircraft registration .................. applies only whilst it is on the
ground undergoing modification or repair or is being re-built.
The Agreed Value of the Aircraft at the effective date
of this Endorsement is ................. and shall increase as the
modification, repair or re-building proceeds; the increases in value shall be
determined from the actual cost(s) of part(s) and/or labour as substantiated by
invoices presented by the firm or firms undertaking the modification, repair or
re-building.
The Insured shall submit the invoices to the Insurers
on a weekly/monthly/quarterly basis.
In no event
shall the Agreed Value exceed ................. *
*not to exceed the final value of the Aircraft
Additional Premium: ………………………………………………….
AVN 93 30.4.02
AVN 94 BREACH OF AIR NAVIGATION
REGULATIONS CLAUSE
The cover afforded to each Insured by the Policy shall
not be invalidated by any act or omission which results in a breach of any air
navigation or airworthiness orders or
requirements issued by any competent authority affecting the safe
operation of the Aircraft provided that the Insured so protected has not
caused, contributed to or knowingly condoned the said act or omission. Any
Insured who has caused, contributed to or knowingly condoned the said act or
omission shall not be entitled to indemnity under the Policy.
Except as specifically varied by this clause, all
other terms, conditions, limitations, warranties, exclusions and cancellation
provisions of the Policy apply.
AVN 94 30.4.02
AVN 95 CIVIL USE OF MOD AIRFIELDS ENDORSEMENT
It is
noted that the Insured(s) may wish to use, for civil aircraft purposes,
Ministry of Defence (MOD) airfields and be required to enter into an agreement
with the Crown incorporating certain conditions for the civil (flying) use of
such airfields and to afford an indemnity to the Crown in the form of
INDEM3.81/Form4a.
The
Insurers will indemnify the Insured for all sums which the Insured shall become
legally liable to pay and shall pay to the Crown under such an agreement as
compensatory damages (including costs awarded against the Insured) in respect
of accidental bodily injury (fatal or otherwise) and accidental damage to
property caused by any Aircraft insured under the Policy or by any person or
object falling therefrom.
The
limit applicable to this Endorsement is GBP……….. any one Accident and such
limit shall not be in addition to nor in excess of any other limit of liability
provided in the Policy.
Additional
Premium: ………………………………………………….
Unless
the Policy otherwise provides, the following exclusions shall apply:
(a) Nuclear Risks Exclusion Clause AVN 38B;
(b) War, Hi-jacking and Other Perils
Exclusion Clause (Aviation) AVN 48B;
(c) Noise and Pollution and Other Perils
Exclusion Clause AVN 46B;
(d) Contracts (Rights of Third Parties) Act
1999 Exclusion Clause AVN 72; and
(e) Date Recognition Exclusion
Clause AVN 2000A.
If
Insurers are called upon to provide coverage to the Insured in compliance with
INDEM3.81/Form4a including the defence and legal costs associated therewith and
if by reason of the terms conditions limitations and exclusions of the Policy
such coverage would not have been provided except for this Endorsement then the
Insured will reimburse Insurers for such payments made in providing coverage
under INDEM3.81/Form4a.
Nothing
in this Endorsement shall restrict the coverages otherwise provided under the
Policy.
AVN
95 30.4.02
AVN
96 ASBESTOS
EXCLUSION CLAUSE
This Policy does not cover any claims of any kind whatsoever
directly or indirectly relating to, arising out of or in consequence of:
(1) the actual,
alleged or threatened presence of or exposure to asbestos in any form
whatsoever, or
(2) any obligation, request, demand, order, or
statutory or regulatory requirement that any Insured or others test for,
monitor, clean up, remove, contain, treat, neutralize, protect against,
indemnify for any costs or damages relating to or in any other way respond to
the actual, alleged or threatened presence of asbestos in any form whatsoever.
Notwithstanding any other provisions of this Policy,
Insurers will have no duty to investigate, defend or pay defence costs in
respect of any claim excluded in whole or in part under paragraphs (1) or (2)
hereof.
All other terms and conditions of the Policy remain
unchanged.
AVN
96 17.3.04
AVN 97 ARBITRATION CLAUSE
Any
dispute between the parties arising out of or in connection with this Policy,
including any question regarding its existence, validity or termination, shall
be referred to and finally resolved by arbitration in accordance with the rules
of the [ ].
The
place of the arbitration shall be [ ]
and the language of the
arbitration
shall be [ ]. The
seat of the arbitration shall be [ ].
Each
party shall appoint one arbitrator and the two arbitrators so appointed should
appoint a third arbitrator. Alternatively, the parties may agree to refer the
dispute to a
sole arbitrator appointed by them jointly or by [ ].
AVN 97 21.2.06
This
clause is published by AICG, but it is expressly not intended to be binding on
any market participant. AICG makes no recommendation as to its use in
particular policies and recognises that all underwriters are free to offer
different policy wordings to their policyholders
Explanatory
Note
AICG
considered draft arbitration and mediation clauses prepared by the Royal
Aeronautical Society, Air Law Group, which intends to launch a service for the
aviation insurance market. AICG decided not to publish the clause as an AVN
clause, first because the service has not yet been established and second
because there are other services available to underwriters in this field.
However, it was felt that a clause providing a process for the reference of
disputes to arbitration would be useful to the market.
In
addition to the RAeS scheme, there are a number of other services including the
Centre for Effective Dispute Resolution (CEDR), the Insurance and Re-insurance
Arbitration Society (ARIAS), and in France, CEFAREA which is dedicated to
insurance or re-insurance disputes, and an international court of aviation and
space arbitration.
AVN
98 AVIATION
PRODUCTS, GROUNDING AND OTHER AVIATION LIABILITIES INSURANCE
CONTENTS
SCHEDULE SECTION ONE AVIATION PRODUCTS AND GROUNDING LIABILITY INSURANCE SECTION TWO WORKING PARTIES LIABILITY INSURANCE SECTION THREE AIRCRAFT THIRD PARTY AND PASSENGER LIABILITY INSURANCE SECTION FOUR AIRPORT LIABILITY INSURANCE SECTION FIVE AVIATION PREMISES AND HANGARKEEPERS’ LIABILITY INSURANCE
AVIATION PRODUCTS RECALL EXTENSION
PERSONAL INJURY EXTENSION
GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS GENERAL CONDITIONS APPLICABLE
TO ALL SECTIONS |
PAGE
141
143
147 149
154
156
158 160 161
162
|
AVN 98 7.3.07
THE SCHEDULE
THE INSURED:
THE ADDRESS OF THE INSURED:
POLICY PERIOD:
Commencing
Ending
both days inclusive
PREMIUM:
CANCELLATION:
If
the premium is on a non-adjustable basis, the premium to be retained by the
Insurers in the event of cancellation by the Insured shall be calculated by
reference to Cancellation Scale (A) or (B)* attached.
*
Delete as appropriate
THE INSURERS' AUTHORIZED
AGENTS:
LIMITS OF LIABILITY:
Where
any Sections or Extensions are not insured, the words “Not insured and omitted
hereunder” to be inserted against such Sections or Extensions.
Aviation Products and
Grounding Liability Insurance - Section One
Coverage A – Aviation
Products Liability
________________ any one Occurrence and in the Aggregate in
respect of all Occurrences.
Coverage
B – Grounding
________________ any one Grounding and in the Aggregate in
respect of all Groundings.
Coverage A and Coverage B Combined.
________________ Aggregate
Working Parties Liability Insurance - Section Two
_____________ any one Occurrence.
Aircraft
Third Party and Passenger Liability Insurance - Section Three
_____________ any one Occurrence.
Airport
Liability Insurance - Section Four
_____________ any one Occurrence.
The
airport(s) in or about which the indemnity granted by this Section is to apply:
Aviation Premises and Hangarkeepers' Liability
Insurance - Section Five
___________________ any one Occurrence.
Deductible
in respect of In Flight Hangarkeepers’ Liability _____________________________________________________________
Aviation Products Recall
Extension
___________________ any one recall and in the Aggregate,
being within the Limit of Liability of
Section One and not in
addition thereto.
Personal Injury Extension
___________________ any one offence and in the Aggregate,
being within the Limit of Liability
over all Sections to which it
attaches and not in addition thereto.
GEOGRAPHICAL LIMITS
_______________________________________________________________________________
_____________________________________________________________________
AVN 98 7.3.07
The Insurers, in
consideration of the payment of premium and in reliance upon the information
provided by the Insured to the Insurers and subject to the terms, conditions,
limitations and exclusions of this Policy, agree as follows:
SECTION
ONE AVIATION PRODUCTS AND GROUNDING
LIABILITY INSURANCE
COVERAGE A - AVIATION PRODUCTS LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for Bodily Injury or Property Damage caused by an
Occurrence arising out of the Products Hazard.
Exclusions Applicable to
Coverage A
This
Coverage A does not apply to:
(A)
any obligation
for which the Insured or their Insurer may be held liable under any Employers'
Liability or Workers' Compensation law, unemployment compensation or disability
benefits law, or under any similar law, or to Bodily Injury of any employee of
the Insured arising out of and in the course of the employee’s employment by
the Insured.
(B)
loss of use of
any Aircraft which has not been damaged or destroyed.
(C)
legal liability
imposed upon the Insured solely by reason of the Insured's ownership of an
Aviation Product.
(D)
legal liability
arising from any restriction on or withdrawal from use of an Aviation Product
not actually involved in an Occurrence.
(E)
Property Damage
to
(i) any Space Vehicle or Satellite or any
Aviation Product forming a part of such Space Vehicle or Satellite whether
partially or wholly completed nor to any expenses incurred incidental to or
resulting from the replacement or repair of such Space Vehicle or Satellite and
(ii) any Space Vehicle or Satellite belonging to
a third party whether partially or wholly completed
after
such Space Vehicle or Satellite has been delivered to a launch site, but this
exclusion shall not apply if such Property Damage is caused by an Aircraft or
an Aviation Product forming a part of such Aircraft.
(F)
Property Damage
to any Launch Vehicle or any Aviation Product forming a part of such Launch
Vehicle or to any expenses incurred incidental to or resulting from the
replacement or repair of such Launch Vehicle, but this exclusion shall not
apply if such Property Damage is caused by an Aircraft
COVERAGE B - GROUNDING LIABILITY
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for the loss of use of completed Aircraft, occurring
after delivery to and acceptance by a purchaser or purchasers or operator or
operators of such Aircraft for flight operations, and caused by a Grounding
resulting from an Occurrence arising out of the Products Hazard.
Exclusions Applicable to
Coverage B
This
Coverage B does not apply to:
(A)
loss of use of
any Aircraft occurring during maintenance, routine overhaul or alteration, or
whilst being modified for purposes other than those relating to Grounding.
(B)
loss of use of
any Military Aircraft.
(C)
loss of use of
any Space Vehicle, Satellite or Launch Vehicle.
(D)
any Aircraft
after it is designated by the Prime Manufacturer or required by the direction
of the Civil Aviation Authority of the United Kingdom (CAA) or the Federal
Aviation Administration of the United States of America (FAA), or any similar
civil aviation authority to be removed from all flight operations due to its
certificate of airworthiness being withdrawn by reason of the Aircraft's safe
operational life having been reached or exceeded.
PAYMENT OF DEFENSE,
SETTLEMENT EXPENSES AND COSTS
With
respect to the insurance afforded under this Section the Insurers will:
(A)
Defend any suit
against the Insured alleging Bodily Injury or Property Damage or loss of use
even if such suit is groundless, false or fraudulent, but the Insurers may make
such investigation, negotiation and settlement of any claim or suit as they
deem expedient.
(B)
Pay the
following:
(i) Costs and expenses incurred in the DEFENSE
of any such suit;
(ii) Premiums on bonds to release attachments
for an amount not in excess of the Limit of Liability of this Section and
premiums on appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
(iii) Costs recoverable against the Insured and
interest accruing after entry of judgment until the Insurers have paid,
tendered or deposited in court such part of such judgment as does not exceed
the applicable limit of the Insurers' liability. In the event that the amount
of the judgment exceeds the applicable limit of the Insurers' liability, the
Insurers shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the amount of
such judgment.
The
amounts incurred with the consent of the Insurers hereunder are payable by the
Insurers in addition to the applicable Limit of Liability of this Section.
However, the Insurers shall not be obligated to defend any suit or pay any
costs, expenses and premiums incurred after the aggregate Limit of Liability
under this Section has been exhausted and in this event the Insured shall have
the right to take over control of proceedings from the Insurers.
EXCLUSIONS APPLICABLE TO
COVERAGES A AND B
This
Section does not apply to:
(A)
legal liability
arising from the handling or use of any Aviation Product Owned by or loaned to
the Insured or, except with respect to Grounding coverage, whilst such Aviation
Product is in the possession or under the control of the Insured.
(B)
Property Damage
to property owned by, rented, leased, occupied or used by or in the care,
custody or control of the Insured at the time of the Occurrence except with
respect to a completed Aircraft temporarily returned to the Insured for
modification or repair or whilst being flown by aircrew of the Insured after
acceptance by a purchaser or lessee.
(C)
loss of use of
any Aircraft:
(i) caused by the culpable failure of the
Insured to perform any obligation with respect to making available or
delivering an Aviation Product to the purchaser or operator of such Aircraft.
(ii) occurring during the period that the
Insured does not use reasonable diligence to find and eliminate the cause of
the loss of use.
(D) legal
liability for the cost or expense of the Insured for the inspection, repair,
alteration, modification, replacement of or for work completed by or on behalf
of the Insured to an Aviation Product or any property of which it forms part by
reason of a defect or deficiency known or
suspected to exist in an Aviation Product not actually involved in an
Occurrence.
(E) any
liability for Property Damage to any property of any government which in the
absence of this insurance is assumed by any government under any contract or
agreement or otherwise, nor does the premium for this insurance contemplate
such coverage.
DEFINITIONS
Wherever used in this Section
the following terms apply:
(A) Aircraft
Aircraft
means aircraft and shall be deemed to include Missiles, air cushion
vehicles/hovercraft, lighter-than-air aircraft and helicopters.
(B) Aviation Product
Aviation
Product means a completed Aircraft or Space Vehicle or Satellite and any
article forming part thereof, or supplied for installation in, or for use in
connection with, or for spare parts for, an Aircraft or Space Vehicle or
Satellite including ground handling tools and equipment and also means training
aids, instructions, manuals, blueprints, engineering or other data or any
article in respect of which engineering or other advice and services and labour
have been given or supplied by the Insured in connection with an Aircraft or
Space Vehicle or Satellite.
(C) Bodily Injury
Bodily
Injury means bodily injury, sickness or disease, including death at any time
resulting therefrom.
(D) Grounding
Grounding
means the complete and continuous withdrawal from all flight operations at or
about the same time of one or more Aircraft due to a mandatory order of the
Civil Aviation Authority of the United Kingdom (CAA) or the Federal Aviation
Administration of the United States of America (FAA), or any similar civil
aviation authority, because of an existing, alleged or suspected like defect,
fault or condition affecting the safe operation of two or more like Aircraft
and which results from an Occurrence.
A
Grounding shall be deemed to commence from the date on which the first such
order becomes effective following an Occurrence during the Policy Period and to
continue until the date on which the last such order relating to the same
existing, alleged or suspected like defect, fault or condition is withdrawn or
becomes ineffective.
Such
Grounding shall be deemed to fall in the Policy Period of the Occurrence which
exposed such defect, fault or condition.
(E) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof while acting within the scope of their
duties as such.
(F) Launch Vehicle
Launch
Vehicle means any vehicle, including parts detached en route, designed,
constructed or intended to place into space or into orbit any Space Vehicle or
Satellite and shall include both manned and unmanned vehicles.
(G) Military
Aircraft
Military
Aircraft means an Aircraft owned by or used by or in the possession of the
armed services of any government provided that Aircraft leased or chartered to
the armed services of any government shall be deemed not to be Military
Aircraft.
(H) Missile
Missile
means any non-manned, self-propelled device (other than a Launch Vehicle)
capable of free flight, whether self-controlled or not, and includes any ground
support or control equipment used in connection therewith.
After
the arrival of a Missile at a launching site, such Missile shall be deemed not
to be Owned by, loaned to, in the possession or control of or in flight by the
Insured.
When
the Insured removes a Missile from a launching site or recovers a Missile,
after completion of its flight, for the purpose of returning it to the
Insured's premises other than a launching site, such Missile shall be deemed to
be in the possession or control of the Insured until such Missile again arrives
at a launching site or the Insured surrenders possession of such Missile to a
person or organisation who is not an Insured under this Section.
(I)
Occurrence
Occurrence
means an accident or incident (other than a Grounding) or a continuous or
repeated exposure to conditions occurring during the Policy Period which arises
out of the Products Hazard and causes Bodily Injury or Property Damage neither
expected nor intended from the standpoint of the Insured. All damages arising
out of exposure to substantially the same general conditions shall be deemed to
arise out of one Occurrence.
(J) Owned
by
An
Aviation Product to which the Insured has retained title under a conditional
sales contract, lease contract, chattel mortgage or similar lien, shall be
deemed not to be Owned by the Insured.
(K) Prime Manufacturer
Prime
Manufacturer means any manufacturer which sells its Aviation Product directly
to and/or enters into a contract of sale with an Aircraft purchaser.
(L)
Products Hazard
Products
Hazard means the handling or use of (other than by the Insured) or the
existence of any condition in an Aviation Product provided, as regards Coverage
A - Aviation Products Liability - such Aviation Product has ceased to be in the
possession or under the control of the Insured; nevertheless it is understood
and agreed that the indemnity provided by this Section shall not be invalidated
when a completed Aircraft is temporarily returned to the Insured for
modification or repair or whilst being flown by aircrew of the Insured after
acceptance by a purchaser or lessee.
(M) Property Damage
Property
Damage means physical loss of or damage to or destruction of tangible property,
including the loss of use of such property.
(N) Space Vehicle or Satellite
Space
Vehicle or Satellite means a spacecraft or satellite including parts detached
en route designed to travel to and/or from or into space or any orbit.
(O)
Turnover
Turnover
means the sale price of the Aviation Product(s) delivered during the Policy
Period.
CONDITION
Knowledge and Consent Clause
In
the event that an Aviation Product, sold as such and declared within the
Turnover of this Section, is used for non-aviation purposes without the actual
knowledge and consent of the Insured, the coverage provided by this Section
shall not be invalidated and shall remain in full force and effect for any such
product.
SECTION
TWO WORKING PARTIES LIABILITY INSURANCE
This insurance is only in
place when an amount is inserted against the appropriate Limit of Liability in
the Schedule
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for Bodily Injury or Property Damage caused by an
Occurrence arising in the course of any work or the performance of any duties
carried out by or on behalf of the Insured in connection with the Insured's
business or operations away from the Insured's premises in connection with any
Aircraft Product including liability for Property Damage to such Aircraft
Product.
PAYMENT OF DEFENSE,
SETTLEMENT EXPENSES AND COSTS
With
respect to the insurance afforded under this Section the Insurers will:
(A)
Defend any suit
against the Insured alleging Bodily Injury or Property Damage even if such suit
is groundless, false or fraudulent, but the Insurers may make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient.
(B)
Pay the
following:
(i) Costs and expenses incurred in the DEFENSE
of any such suit;
(ii) Premiums on bonds to release attachments
for an amount not in excess of the Limit of Liability of this Section and
premiums on appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
(iii) Costs recoverable against the Insured and
interest accruing after entry of judgment until the Insurers have paid,
tendered or deposited in court such part of such judgment as does not exceed
the applicable limit of the Insurers' liability. In the event that the amount
of the judgment exceeds the applicable limit of the Insurers' liability, the
Insurers shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the amount of
such judgment.
The
amounts incurred with the consent of the Insurers hereunder are payable by the
Insurers in addition to the applicable Limit of Liability of this Section.
EXCLUSIONS
This
Section does not apply to:
(A)
Property Damage
to property in the care, custody and control of the Insured whilst on premises
owned or occupied by the Insured.
(B)
Property Damage
to property owned by, rented to or leased by the Insured.
(C)
Bodily Injury or
Property Damage arising out of any goods or products manufactured, constructed,
altered, repaired, serviced, treated, sold, supplied or distributed by the
Insured after such goods or products have ceased to be in the possession or
under the control of the Insured.
(D)
the cost of
making good any faulty workmanship for which the Insured, their contractors or
sub-contractors may be liable (but this limitation shall not exclude resulting
damage arising out of such faulty workmanship).
(E) any
obligation for which the Insured or their Insurer may be held liable under any
Employers' Liability or Workers' Compensation law, unemployment compensation or
disability benefits law, or under any similar law, or to Bodily Injury of any
employee of the Insured arising out of and in the course of the employee’s
employment by the Insured.
(F) liability for which
compulsory insurance or security is required by any applicable law governing
road traffic or, in the absence of any applicable law, to liability arising
from the use of any vehicle upon the public highway.
In
respect of any such liability arising from an Occurrence within the confines of
an airport or airfield this exclusion does not apply:
(i) if there is no such applicable law;
(ii) to the liability of the Insured to pay an
amount which is excess of:
a) any prescribed limit that is required to be
insured where insurance may be effected to comply with the law whether the
Insured effects an insurance policy in respect of such liability or not
b) the limit of liability of the insurance policy effected by the
Insured insuring such liability whichever is the greater.
(G) Property
Damage to any Space Vehicle or Satellite arising out of or in the course of any
work
thereon.
(H) Property Damage to any Launch Vehicle
arising out of or in the course of any work thereon.
DEFINITIONS
Wherever used in this Section
the following terms apply:
(A) Aircraft
Aircraft
means aircraft and shall be deemed to include Missiles, air cushion
vehicles/hovercraft, lighter-than-air aircraft and helicopters.
(B) Aircraft Product
Aircraft
Product means a completed Aircraft and any article forming part thereof, or
supplied for installation in, or for use in connection with, or for spare parts
for an Aircraft including ground handling tools and equipment and also means
training aids, instructions, manuals, blueprints, engineering or other data or
any article in respect of which engineering or other advice and services and
labour have been given or supplied by the Insured in connection with an
Aircraft.
(C) Bodily Injury
Bodily
Injury means bodily injury, sickness or disease, including death at any time
resulting therefrom.
(D) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof while acting within the scope of their
duties as such.
(E) Launch Vehicle
Launch
Vehicle means any vehicle, including parts detached en route, designed,
constructed or intended to place into space or into orbit any Space Vehicle or
Satellite and shall include both manned and unmanned vehicles.
(F) Missile
Missile
means any non-manned, self-propelled device (other than a Launch Vehicle)
capable of free flight, whether self-controlled or not, and includes any ground
support or control equipment used in connection therewith.
(G)
Occurrence
Occurrence
means an accident or incident or a continuous or repeated exposure to
conditions occurring during the Policy Period which results in Bodily Injury or
Property Damage neither expected nor intended from the standpoint of the
Insured. All damages arising out of exposure to substantially the same general
conditions shall be deemed to arise out of one Occurrence.
(H) Property Damage
Property
Damage means physical loss of or damage to or destruction of tangible property,
including the loss of use of such property.
(I) Space
Vehicle or Satellite
Space
Vehicle or Satellite means a spacecraft or satellite including parts detached
en route designed to travel to and/or from or into space or any orbit.
CONDITIONS
(A) Cancellation
This
Section will terminate automatically in the event the Aviation Products and
Grounding Liability Insurance, to which this Section is attached, is cancelled
or terminated.
(B) Reasonable Care
The
Insured shall and will at all times exercise reasonable care in seeing that the
ways, implements, plant, machinery and appliances used in the Insured’s
business are substantial and sound and in proper order and fit for the purpose
for which they are used, and that all reasonable safeguards and precautions
against accidents are provided and used.
(C) Compliance
The
Insured shall comply with all applicable international and government
regulations and civil instructions.
SECTION THREE AIRCRAFT THIRD PARTY AND PASSENGER LIABILITY
INSURANCE
This insurance is only in
place when an amount is inserted against the appropriateLimit of Liability in
the Schedule
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for Bodily Injury or Property Damage caused by an
Occurrence and arising out of the operation:
(I)
by the Insured of
aircraft as detailed in the Schedule of Aircraft, Pilots and Purposes of Use.
(II)
of other aircraft
which the Insured may charter or hire during the Policy Period; always provided
that the Insured:
(i) Has no interest in the aircraft as owner
in whole or in part.
(ii) Exercises no part in the servicing or
maintenance of the aircraft.
(iii) Declares to Insurers for their agreement
details of such charter/hire prior to operation.
PAYMENT OF DEFENSE,
SETTLEMENT EXPENSES AND COSTS
With
respect to the insurance afforded under this Section the Insurers will:
(A)
Defend any suit
against the Insured alleging Bodily Injury or Property Damage even if such suit
is groundless, false or fraudulent, but the Insurers may make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient.
(B)
Pay the
following:
(i) Costs and expenses incurred in the DEFENSE
of any such suit;
(ii) Premiums on bonds to release attachments
for an amount not in excess of the Limit of Liability of this Section and
premiums on appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
(iii) Costs recoverable against the Insured and
interest accruing after entry of judgment until the Insurers have paid,
tendered or deposited in court such part of such judgment as does not exceed
the applicable limit of the Insurers' liability. In the event that the amount
of the judgment exceeds the applicable limit of the Insurers' liability, the
Insurers shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the amount of
such judgment.
The
amounts incurred with the consent of the Insurers hereunder are payable by the
Insurers in addition to the applicable Limit of Liability of this Section.
EXCLUSIONS
This
Section does not apply:
(A)
to Property
Damage to property owned by, rented to or leased by the Insured.
(B)
whilst the
aircraft is being used with the knowledge and consent of the Insured for any
illegal purpose or whilst any aircraft listed in the Schedule of Aircraft,
Pilots and Purposes of Use is used for any purpose other than that stated
therein.
(C)
whilst an
aircraft listed in the Schedule of Aircraft, Pilots and Purposes of Use is
being piloted by any person other than as stated therein. However this
exclusion shall be deemed not to apply to the taxiing of aircraft by an authorized
engineer other than for the purpose of flight.
(D) whilst
the total number of passengers being carried in an aircraft listed in the
Schedule of Aircraft, Pilots and Purposes of Use exceeds the maximum seating
capacity of the aircraft, as stated therein.
(E) whilst
the total number of passengers being carried in an aircraft chartered or hired
by the Insured and to which clause (II) of this section applies exceeds any
maximum seating capacity agreed by Insurers at the time the charter/hire of
such aircraft is declared to Insurers in compliance with clause
(II) (iii) of this Section.
(F) to any obligation for which
the Insured or their Insurer may be held liable under any Employers' Liability
or Workers' Compensation law, unemployment compensation or disability benefits
law, or under any similar law, or to Bodily Injury of any employee of the
Insured arising out of and in the course of the employee’s employment by the
Insured.
(G) in
respect of aircraft chartered or hired by the Insured and to which clause (II)
of this Section applies:
(a)
to liability
arising out of any product manufactured, sold, handled or distributed by the
Insured
(b)
to liability for
Property Damage to the aircraft
(c)
when the aircraft
is used by the Insured for hire and reward.
(d)
to any liability
arising out of the financial default, liquidation or insolvency of the
operator’s insurers.
DEFINITIONS
Wherever
used in this Section the following terms apply:
(A) Bodily Injury
Bodily
Injury means bodily injury, sickness or disease, including death at any time
resulting therefrom.
(B) Flight
Flight
means the time commencing with the actual take-off run of the aircraft and
continuing thereafter until it has completed its landing run. With respect to
helicopters Flight shall be deemed to mean whilst the rotors are in motion.
(C) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof and any aircrew member while acting
within the scope of their duties as such.
Notwithstanding
the foregoing any aircrew member of an aircraft wet leased to the Insured shall
be deemed not to be an Insured.
(D) Occurrence
Occurrence
means an accident or incident or a continuous or repeated exposure to
conditions occurring during the Policy Period which results in Bodily Injury or
Property Damage neither expected nor intended from the standpoint of the
Insured. All damages arising out of exposure to substantially the same general
conditions shall be deemed to arise out of one Occurrence.
(E) Property Damage
Property
Damage means physical loss of or damage to or destruction of tangible property,
including the loss of use of such property.
CONDITIONS
(A) Cancellation
This
Section will terminate automatically in the event the Aviation Products and
Grounding Liability Insurance, to which this Section is attached, is cancelled
or terminated.
(B) Two or
More Aircraft
When
two or more aircraft are insured under this Section the terms hereof apply
separately to each.
(C) Compliance with Air Navigation and Airworthiness
Orders (applicable to aircraft listed in the Schedule of Aircraft, Pilots and
Purposes of Use or operated by the Insured)
The
Insured shall comply with all air navigation and airworthiness orders and
requirements issued by any competent authority affecting the safe operation of
the aircraft and shall ensure that
(a)
the aircraft is
airworthy at the commencement of each Flight
(b)
all log books and
other records in connection with the aircraft which are required by any
official regulations in force from time to time shall be kept up to date and
shall be produced to the Insurers or their agents on request
(c)
the employees and
agents of the Insured comply with such orders and requirements.
SCHEDULE OF AIRCRAFT, PILOTS
AND PURPOSES OF USE
AIRCRAFT TYPE REGISTRATION PASSENGER
SEATING
PILOTS:
PURPOSE OF USE:
SECTION
FOUR AIRPORT LIABILITY INSURANCE
This insurance is only in
place when an amount is inserted against the appropriate Limit of Liability in
the Schedule
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for Bodily Injury or Property Damage caused by an
Occurrence in or about the airport(s) detailed in the Schedule and arising as a
direct result of the services granted by the Insured, caused by the fault or
negligence of the Insured or by any defect in the Insured's premises, ways,
works, machinery or plant used in the Insured's business as airport owners or
operators.
PAYMENT OF DEFENSE,
SETTLEMENT EXPENSES AND COSTS
With
respect to the insurance afforded under this Section the Insurers will:
(A)
Defend any suit
against the Insured alleging Bodily Injury or Property Damage even if such suit
is groundless, false or fraudulent, but the Insurers may make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient.
(B)
Pay the
following:
(i) Costs and expenses incurred in the DEFENSE
of any such suit;
(ii) Premiums on bonds to release attachments
for an amount not in excess of the Limit of Liability of this Section and
premiums on appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds;
(iii) Costs recoverable against the Insured and
interest accruing after entry of judgment until the Insurers have paid,
tendered or deposited in court such part of such judgment as does not exceed
the applicable limit of the Insurers' liability. In the event that the amount
of the judgment exceeds the applicable limit of the Insurers' liability, the
Insurers shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the amount of
such judgment.
The
amounts incurred with the consent of the Insurers hereunder are payable by the
Insurers in addition to the applicable Limit of Liability of this Section.
EXCLUSIONS
This
Section does not apply to:
(A)
Property Damage
to property owned by, rented to, leased or occupied by, whilst being handled,
serviced or maintained by the Insured, but this exclusion shall be deemed not
to apply to vehicles that are not the property of the Insured whilst on the
airport(s) specified in the Schedule.
(B)
Bodily Injury or
Property Damage caused by any ships, vessels, craft or aircraft owned,
chartered, used or operated by or on account of the Insured.
(C)
liability for
which compulsory insurance or security is required by any applicable law
governing road traffic or, in the absence of any applicable law, to liability
arising from the use of any vehicle upon the public highway.
In
respect of any such liability arising from an Occurrence within the confines of
an airport or airfield this exclusion does not apply:
(i) if there is no such applicable law;
(ii) to the liability of the Insured to pay an
amount which is excess of:
a) any prescribed limit that is required to be
insured where insurance may be effected to comply with the law whether the
Insured effects an insurance policy in respect of such liability or not
b) the limit of liability of the insurance policy effected by the
Insured insuring such liability whichever is the greater.
(D) Bodily
Injury or Property Damage arising out of any airmeet, air race or air show or
any stand used for the accommodation of spectators in connection therewith,
unless previously agreed by the Insurers.
(E) Bodily
Injury or Property Damage arising out of the construction of, demolition of or
alterations to buildings, runways or installations by the Insured or their
contractors or sub-contractors (other than normal maintenance operations)
unless previously agreed by the Insurers.
(F) Bodily Injury or Property
Damage arising out of any goods or products manufactured, constructed, altered,
repaired, serviced, treated, sold, supplied or distributed by the Insured after
such goods or products have ceased to be in the possession or under the control
of the Insured, but this exclusion shall be deemed not to apply to the supply,
by the Insured, of food and drink at the airport(s) specified in the Schedule.
(G) any
obligation for which the Insured or their Insurer may be held liable under any
Employers' Liability or Workers' Compensation law, unemployment compensation or
disability benefits law, or under any similar law, or to Bodily Injury of any
employee of the Insured arising out of and in the course of the employee’s
employment by the Insured.
(H) liability
arising out of the operation of an airfield control tower unless previously
agreed by the Insurers.
(I) the
cost of making good any faulty workmanship for which the Insured, their
contractors or subcontractors may be liable (but this limitation shall not
exclude resulting damage arising out of such faulty workmanship).
DEFINITIONS
Wherever
used in this Section the following terms apply:
(A) Bodily Injury
Bodily
Injury means bodily injury, sickness or disease, including death at any time
resulting therefrom.
(B) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof while acting within the scope of their
duties as such.
.
(C) Occurrence
Occurrence
means an accident or incident or a continuous or repeated exposure to
conditions occurring during the Policy Period which results in Bodily Injury or
Property Damage neither expected nor intended from the standpoint of the
Insured. All damages arising out of exposure to substantially the same general
conditions shall be deemed to arise out of one Occurrence.
(D) Property Damage
Property
Damage means physical loss of or damage to or destruction of tangible property,
including the loss of use of such property
SECTION
FIVE AVIATION PREMISES AND HANGARKEEPERS'
LIABILITY INSURANCE
This insurance is only in place when an amount is
inserted against the appropriate Limit of Liability in
the Schedule
To
pay on behalf of the Insured all sums which the Insured shall become legally
liable to pay as damages for Bodily Injury or Property Damage caused by an
Occurrence and arising out of the hazards set forth in Coverages A and B below.
COVERAGE A – AVIATION
PREMISES LIABILITY
Bodily
Injury or Property Damage occurring in or about the Insured's aviation premises
as a direct result of the services granted by the Insured, caused by the fault
or negligence of the Insured or by any defect in the Insured's premises, ways,
works, machinery or plant used in the Insured's aviation business.
Exclusions Applicable to
Coverage A
This
Coverage A does not apply to:
(A)
Property Damage
to property owned by, rented to, leased or occupied by, whilst being handled,
serviced or maintained by the Insured, but this exclusion shall be deemed not
to apply to vehicles that are not the property of the Insured whilst on the
Insured's premises.
(B)
Bodily Injury or
Property Damage caused by any ships, vessels, craft or aircraft owned,
chartered, used or operated by or on account of the Insured, but this exclusion
shall be deemed not to apply to aircraft owned by others which are On the
Ground and for which indemnity is otherwise granted under Coverage B.
(C)
liability for
which compulsory insurance or security is required by any applicable law
governing road traffic or, in the absence of any applicable law, to liability
arising from the use of any vehicle upon the public highway.
In
respect of any such liability arising from an Occurrence within the confines of
an airport or airfield this exclusion does not apply:
(i) if there is no such applicable law;
(ii) to the liability of the Insured to pay an
amount which is excess of:
a) any prescribed limit that is required to be
insured where insurance may be effected to comply with the law whether the
Insured effects an insurance policy in respect of such liability or not
b) the limit of liability of the insurance policy
effected by the Insured insuring such liability whichever is the greater.
(D) Bodily
Injury or Property Damage arising out of any airmeet, air race, or air show or
any stand used or the accommodation of spectators in connection therewith,
unless previously agreed by the
Insurers.
(E) Bodily
Injury or Property Damage arising out of the construction of, demolition of or
alterations to buildings, runways or installations by the Insured or their
contractors or sub-contractors (other than
normal maintenance operations) unless previously agreed by the Insurers.
(F) Bodily
Injury or Property Damage arising out of any goods or products manufactured,
constructed, altered, repaired, serviced, treated, sold, supplied or
distributed by the Insured after such goods or products have ceased to be in
the possession or under the control of the Insured, but this exclusion shall be
deemed not to apply to the supply, by the Insured, of food or drink at the
Insured's premises
(G) any
obligation for which the Insured or their Insurer may be held liable under any
Employers' Liability or Workers' Compensation law, unemployment compensation or
disability benefits law, or under any similar law, or to Bodily Injury of any
employee of the Insured arising out of and in the course of the employee’s
employment by the Insured.
(H) liability
arising out of the operation of an airfield control tower unless previously
agreed by the Insurers.
COVERAGE B – HANGARKEEPERS'
LIABILITY
Property
Damage to aircraft or aircraft equipment not owned, rented or leased by or
loaned to the Insured occurring whilst in Flight or On the Ground in the care,
custody or control of or whilst being serviced, handled or maintained by the
Insured.
Exclusions applicable to
Coverage B
This Coverage B does not
apply to:
(A)
Property Damage
to robes, wearing apparel, personal effects or merchandise of any description.
(B)
Property Damage
to aircraft or aircraft equipment, owned, rented or leased by or loaned to the
Insured.
PAYMENT OF DEFENSE,
SETTLEMENT EXPENSES AND COSTS
With
respect to the insurance afforded under this Section the Insurers will:
(A)
Defend any suit
against the Insured alleging Bodily Injury or Property Damage even if such suit
is groundless, false or fraudulent, but the Insurers may make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient.
(A)
Pay the
following:
(i) Costs and expenses incurred in the DEFENSE
of any such suit;
(ii)
Premiums on bonds to release attachments for an amount not in excess of
the Limit of Liability of this Section and premiums on appeal bonds required in
any such defended suit, but without any obligation to apply for or furnish any
such bonds;
(iii) Costs recoverable against the Insured and
interest accruing after entry of judgment until the Insurers have paid,
tendered or deposited in court such part of such judgment as does not exceed
the applicable limit of the Insurers' liability. In the event that the amount
of the judgment exceeds the applicable limit of the Insurers' liability, the
Insurers shall only be liable to pay for that proportion of the said costs and
interest which the applicable limit of Insurers' liability bears to the amount of
such judgment.
The
amounts incurred with the consent of the Insurers hereunder are payable by the
Insurers in addition to the applicable Limit of Liability of this Section.
EXCLUSION APPLICABLE TO
COVERAGES A AND B
This
Section does not apply to the cost of making good any faulty workmanship for
which the Insured, their contractors or sub-contractors may be liable (but this
limitation shall not exclude resulting damage arising out of such faulty
workmanship).
DEFINITIONS
Wherever
used in this Section the following terms apply:
(A) Bodily Injury
Bodily
Injury means bodily injury, sickness or disease, including death at any time
resulting therefrom.
(B) Flight
Flight
means the time commencing with the actual take-off run of the aircraft and
continuing thereafter until it has completed its landing run. With respect to
helicopters Flight shall be deemed to mean whilst the rotors are in motion.
(C) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof while acting within the scope of their
duties as such.
(D) Occurrence
Occurrence
means an accident or incident or a continuous or repeated exposure to
conditions occurring during the Policy Period which results in Bodily Injury or
Property Damage neither expected nor intended from the standpoint of the
Insured. All damages arising out of exposure to substantially the same general
conditions shall be deemed to arise out of one Occurrence.
(E) On the Ground
On
the Ground means at all times the aircraft is not in Flight.
(F) Property Damage
Property
Damage means physical loss of or damage to or destruction of tangible property,
including the loss of use of such property.
CONDITIONS
(A) Cancellation
This
Section will terminate automatically in the event the Aviation Products and
Grounding Liability Insurance, to which this Section is attached, is cancelled
or terminated.
(B) Reasonable Care
The
Insured shall and will at all times exercise reasonable care in seeing that the
ways, implements, plant, machinery and appliances used in the Insured’s
business are substantial and sound and in proper order and fit for the purpose
for which they are used, and that all reasonable safeguards and precautions
against accidents are provided and used.
(C) Compliance
The
Insured shall comply with all applicable international and government
regulations and civil instructions.
AVIATION PRODUCTS RECALL EXTENSION
For attachment to Section One
This Extension is only in
place when an amount is inserted against the appropriate Limit of Liability in
the Schedule
The
Insurers will reimburse the Insured for 90% of the Expenses incurred by or on
behalf of the Insured for the recall of any Aviation Product(s) under a
Mandatory Order of Civil Aviation Authority of the United Kingdom (CAA) or the
Federal Aviation Administration of the United States of America (FAA), or any
similar civil aviation authority issued during the Policy Period because of an
existing, alleged or suspected like defect, fault or condition in an Aviation
Product. All such Expenses incurred by the Insured shall attach to the Policy
Period in which the Mandatory Order is issued.
DEFINITIONS
Wherever
used in this Extension the following terms apply:
(A) Aircraft
Aircraft
means aircraft and shall be deemed to include Missiles, air cushion
vehicles/hovercraft, lighter-than-air aircraft and helicopters.
(B) Aviation Product
Aviation
Product means a completed Aircraft and any article forming part thereof or
supplied for installation in, or for use in connection with, or for spare parts
for an Aircraft, including ground handling tools and equipment and also means
training aids, instructions, manuals, blueprints, engineering or other data or
any article in respect of which engineering or other advice and services and
labour have been given or supplied by the Insured in connection with an
Aircraft.
(C) Expenses
Expenses
means the reasonable and necessary costs of communications, transportation and
advertising, the cost of hire of additional personnel, overtime payments to
regular personnel and the out-of-pocket expenses of such personnel, exclusively
incurred as a result of the recall and shall include costs necessarily incurred
by the Insured for the physical examination of the Aviation Product and the
costs incurred for the installation of a replacement Aviation Product but
excluding the cost of such replacement Aviation Product.
(D) Insured
Insured
means the Insured named herein and includes any executive officer, employee,
partner, director or shareholder thereof while acting within the scope of their
duties as such.
(E) Launch Vehicle
Launch
Vehicle means any vehicle, including parts detached en route, designed,
constructed or intended to place into space or into orbit any Space Vehicle or
Satellite and shall include both manned and unmanned vehicles.
(F) Mandatory Order
Mandatory
Order means any order requiring immediate modification, inspection or action to
be performed under the emergency airworthiness directives of the CAA or the
immediately adopted rule or immediate safety-of-flight rules of the FAA, or the
equivalent rule, directive or procedure of any similar civil aviation
authority.
(G) Military Aviation Product
Military
Aviation Product means an Aviation Product whilst owned by or used by or in the
possession of the armed services of any government provided that an Aviation
Product leased or chartered to the armed services of any government shall be
deemed not to be a Military Aviation Product.
(H) Missile
Missile
means any non-manned, self-propelled device (other than a Launch Vehicle)
capable of free flight, whether self-controlled or not, and includes any ground
support or control equipment used in connection therewith.
(I) Space
Vehicle or Satellite
Space
Vehicle or Satellite means a spacecraft or satellite including parts detached
en route designed to travel to and/or from or into space or any orbit.
EXCLUSIONS
This
Extension does not apply to:
(A)
the recall of any
Missile, Space Vehicle, Satellite or Launch Vehicle or any Aviation Product
forming a part thereof.
(B)
the recall of any
Military Aviation Product.
(C)
the cost of
repair or replacement of, or the cost of any research and development to
eliminate a defect, fault or condition in a recalled Aviation Product.
(D)
the loss of use
of the Aviation Product the subject of the recall.
(E) loss which is covered under Coverages A and B of
Section One of the Policy to which this Extension is attached.
(F) the recall of any Aviation
Product after its safe operational life, as designated by the manufacturer or
the CAA or FAA, or any similar civil aviation authority, has been reached or
exceeded.
CONDITIONS
(A) Cancellation
This
Extension will terminate automatically in the event the Aviation Products and
Grounding Liability Insurance, to which this Extension is attached, is
cancelled or terminated.
.
(B) Notice of Fact or Circumstances
If
the Insured becomes aware of any fact or circumstance which may reasonably be
expected to give rise to a recall of any Aviation Product(s), the Insured shall
immediately advise the CAA or FAA or any similar civil aviation authority and
then give written notice to the Insurers as soon as practicable thereafter.
Such notice shall be given to the Insurers through their authorized agents.
(C) Continued Recall After Policy Period
Should
this Extension expire while a recall is in progress coverage hereunder shall
continue in respect of such recall until the recall has been completed or until
the Limit of Liability contained herein with respect to Expenses incurred has
been exhausted or until the expiry of 12 months beyond the expiry of the
Policy, whichever first occurs
(D) Limit of
Liability
The
Limit of Liability of the Insurers shall be 90% of the Limit of Liability shown
against Aviation Products Recall Extension in the Schedule.
WARRANTED REMAINING 10% UNINSURED
This Extension is also
subject to the definitions, exclusions and conditions that apply to Section One
to which this Extension
attaches insofar as they can apply.
PERSONAL INJURY EXTENSION
For attachment to Sections Two to Five
This Extension is only in
place when an amount is inserted against the appropriate Limit of Liability in
the Schedule
The
insurance provided by this Policy extends to indemnify the Insured for legal
liability for damages awarded to any person arising out of one or more of the
following offences committed during the Policy Period but only where such
offences are committed in connection with that part of the Insured’s aviation
operations or interests for which other coverage is granted by the Policy:
1. False
arrest, restraint, detention or imprisonment.
2. Malicious
prosecution.
3. Wrongful
entry, eviction or other invasion of the right of private occupancy.
4. Inadvertent
discrimination with respect to withholding or refusal of transportation except
with respect to overbooking.
5. The
publication or utterance of a libel or slander or of other defamatory or
disparaging material in violation of an individual's right of privacy except
publication or utterance in the course of or related to advertising,
broadcasting or telecasting activities conducted by or on behalf of the
Insured.
6. Incidental
medical malpractice error or mistake by a physician, surgeon, nurse, medical
technician or other person performing medical services but only for or on
behalf of the Insured in the provision of emergency medical relief.
The
following additional exclusions shall apply to this extension:
a. liability
assumed by the Insured by agreement under any contract unless such liability
would have attached to the Insured even in the absence of such agreement,
b. liability
arising out of the wilful violation of penal statute or ordinance committed by
or with the knowledge or consent of the Insured,
c. liability arising out of offence 5 above,
i. if the first injurious publication or
utterance of the same or similar material was made prior to the effective date
of this insurance
ii. if such publication or utterance was made
by or at the direction of the Insured with the knowledge of the false nature
thereof,
d. liability
directly or indirectly related to the past, present or potential employment of
any person by the Insured.
The
Limit of Liability applicable to this extension is as stated in the Schedule.
All
other terms and conditions of this Policy remain unchanged.
With
respect to cover provided in Section Three of the Policy, in the event of a
combined claim under the aircraft operator’s policy and this Policy, the total
liability under this Personal Injury Extension and the aircraft operator’s
policy combined shall not exceed the Limit of Liability stated in the Policy
Schedule for Personal Injury.
AVN 60(A) 24.01.2004 (amended)
The
cover provided by the Personal Injury Extension in relation to Section Three of
this Policy only applies where the aircraft operator’s policy contains the same
or similar cover.
GENERAL EXCLUSIONS APPLICABLE TO ALL SECTIONS
A) NUCLEAR RISKS EXCLUSION CLAUSE AVN
38B 22.7.96
B) CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE AVN 72
9.2.2000
C)
NOISE
AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE
AVN 46B
1.10.96
D)
WAR,
HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN 48B
1.10.96
E)
ASBESTOS
EXCLUSION CLAUSE 2488AGM00003 (=AVN 96 17.3.04)
F)
DATE
RECOGNITION EXCLUSION CLAUSE AVN 2000A 14.03.01
_______________________________________________________________________
In this
Policy Form the Clauses above are given in full, however insofar as they have
been included in this Form Book they are presented only by their headings (Translator's remark)
GENERAL CONDITIONS APPLICABLE TO ALL SECTIONS
(A) Policy Period
This
Policy applies only with respect to Occurrences which take place during the
Policy Period provided that an Occurrence involving a missing or unreported
aircraft shall be deemed to occur at the time such aircraft commences flight or
is last reported, whichever last occurs. The Policy Period shall commence and
end on the dates stated in the Schedule.
(B) Limit of
Liability
The
Limit of Liability of the Insurers for damages shall be as set forth in the
Schedule.
In
the event of more than one Insured being covered by this Policy, each shall
have the same protection as would have been available had this Policy been
issued individually to each of them; provided, however, that the inclusion
hereunder of more than one Insured shall not operate to increase the liability
of the Insurers beyond the amount for which they would have been liable had
there been only one person or entity insured under this Policy.
(C) Premium
The
Insured shall pay the premium stated in the Schedule. Should this premium be a
minimum and deposit premium the Insured shall, on the expiration of the Policy,
declare to the Insurers the amount of their Turnover during the Policy Period
and the earned premium shall be calculated by applying the rates as set out in
the Schedule.
In
the event of the earned premium so calculated exceeding the minimum premium the
Insured shall pay to the Insurers the difference. If the earned premium so
calculated is less than the minimum premium no return of premium shall be made.
(D) Non-payment of Premium
In
the event of non-payment of premium by the Insured this Policy may be cancelled
by or on behalf of the Insurers provided 10 days notice be given to the Insured
at their last address.
(E) Material Change
Should
there be any material change in the circumstances or nature of the risks which
are the basis of this contract the Insured shall give immediate notice thereof
to the Insurers and no claim arising subsequent
to such change shall be recoverable hereunder unless such change has been
accepted by the Insurers.
(F) Assignment
This
Policy shall not be assigned in whole or in part except with the consent of the
Insurers verified by endorsement hereon.
(G) Notice of Occurrence or Grounding
When
an Occurrence or Grounding takes place, written notice shall be given by or on
behalf of the Insured to the Insurers through their authorized agents appointed
for this purpose (as set forth in the Schedule) as soon as practicable.
Such
notice shall contain reasonably obtainable information respecting the time,
place and circumstances of the Occurrence and the names and addresses of
available witnesses.
(H) Notice of Claim or Suit
If
claim is made or suit is brought against the Insured, the Insured shall as soon
as practicable forward to the Insurers' authorized agents appointed for this
purpose every demand, notice, summons or other process received by them or
their representatives.
(I) Assistance and Co-operation of the
Insured
The
Insured shall co-operate with the Insurers and, upon the Insurers request shall
attend hearings and trials and shall assist in effecting settlements, securing
and giving evidence, obtaining the attendance of witnesses and in the conduct
of suits.
(J) Action against the Insurers
No
action shall lie against the Insurers unless, as a condition precedent thereto,
the Insured shall have fully complied with all the terms of this Policy, nor
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 award
against the Insured in any arbitration proceedings against which Insurers do
not wish to appeal or by written agreement of the Insured, the claimant and the
Insurers.
Nothing
contained in this Policy shall give any person or organisation any right to
join the Insurers as a co-defendant in any action against the Insured to
determine the Insured's liability.
(K) Subrogation
In
the event of any payment under this Policy, the Insurers shall be subrogated to
all the Insured's rights of recovery therefor against any person or
organisation. The Insured shall do whatever is necessary to secure such rights
and shall co-operate with the Insurers and, upon the Insurers’ request, shall
assist in effecting settlement, securing evidence, obtaining attendance of
witnesses and in the conduct of suits. Any expenses incurred upon such request
of the Insurers shall be paid by the Insurers.
(L) Inadvertent Errors or Omissions
Inadvertent
errors or omissions or failure to give notice to the Insurers as herein
required shall not relieve the Insurers of liability under this Policy,
provided that such error or omission or failure shall be corrected as soon as
discovered.
(M) No Admission
No
liability shall be admitted and no admission, arrangement, offer, promise or
payment shall be made by the Insured without the written consent of the
Insurers.
(N)
Contribution
If
the Insured has other insurance against loss covered by this Policy, the
Insurers shall not be liable for a greater proportion of such loss than the
Limit of Liability stated in the Schedule bears to the limit of indemnity of
all valid and collectible insurance against such loss.
(O) Law and Jurisdiction
This Policy shall be governed by the laws of
(P) Misrepresentation
By
acceptance of this Policy the Insured agrees that the information provided for
this insurance are their representations and that this Policy is issued in
reliance upon the truth of such representations. Any misrepresentation by the
Insured or their duly authorized representative or agent will void this Policy.
(Q)
Cancellation
This
Policy may be cancelled at any time at the written request of the Insured or
may be cancelled by or on behalf of the Insurers provided (except as otherwise
provided) not less than thirty (30) days notice in writing be given.
The
premium to be retained by the Insurers in the event of cancellation by the
Insured shall be calculated as follows:
(a)
If the premium is
on an adjustable basis: the earned premium hereon for the period that this
Policy has been in force or the short rate proportion of any minimum premium
calculated in accordance with the scale specified in the Schedule, whichever is
the greater.
(b)
If the premium is
on a non-adjustable basis: the short rate proportion thereof calculated in
accordance with the scale specified in the Schedule.
In
the event of cancellation by the Insurers the premium due to the Insurers shall
be calculated as in (a) and (b) above except that pro rata proportion shall be
substituted for short rate proportion. Notice of cancellation by the Insurers
shall be effective even though the Insurers make no payment or tender of return
premium.
If
the period of limitation relating to the giving of notice is prohibited or made
void by any law controlling the construction hereof, such notice shall be
deemed to be amended so as to be equal to the minimum period of limitation
permitted by such law.
(R) Fraud
If
the Insured shall make any claim knowing the same to be false or fraudulent, as
regards amount or otherwise, this Policy shall become void and all claim
hereunder shall be forfeited.
(S)
Contractual Liability
The
inclusion of additional Insureds, hold harmless agreements, indemnities,
waivers of subrogation and contractual agreements agreed by the insurers of
previously issued policies are automatically incorporated herein.
This
Policy does not apply to any liability assumed by the Insured under any
contract or agreement, including a warranty of Aircraft Products, other than as
may be assumed under any standard commercial sales contract or sales agreement,
greater than the liability which would have been imposed by law in the absence
of any express contract or assumption of liability;
Nothing
in the foregoing paragraphs shall be considered to extend the scope of this
Policy to risks not insured hereunder unless the same has been agreed by the
Insurers subscribing to this Policy.
AVN 98 7.3.07
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVIATION
CANCELLATION SCALE
(applicable
to Annual Policies)
1 month on risk...
....... ... . 20% annual premium 2 months on risk
... ..... .....30% annual premium 3 months on risk
... ..... .....40% annual premium 4 months on risk
... ..... ... .50% annual premium 5 months on risk... ...... .....60% annual premium |
6 months on
risk... ... .. ... .70% annual premium 7 months on risk
... ... .. ....75% annual premium 8 months on risk
... ... .. .....80% annual premium 9 months on risk... ... ... . ...85% annual premium |
Over 9 months equivalent to
Annual.
US SHORT RATE CANCELLATION TABLE
Days Per
Cent Days Per cent
Insurance of
one Insurance of one
in Force Year
Premium in Force Year Premium
1.................................................................... 5 154-156...................................................................... 53
2.................................................................... 6 157-160 54
3- 4.................................................................... 7 161-164 55
5- 6.................................................................... 8 165-167 56
7- 8.................................................................... 9 168-171 57
9- 10.................................................................. 10 172-175 58
11- 12.................................................................. 11 176-178 59
13- 14.................................................................. 12 179-182 (6 months) 60
15- 16.................................................................. 13 183-187 61
17- 18.................................................................. 14 188-191 62
19- 20.................................................................. 15 192-196 63
21- 22.................................................................. 16 197-200 64
23- 25.................................................................. 17 201-205 65
26- 29.................................................................. 18 206-209 66
30- 32
(1 month)................................................. 19 210-214 (7 months) 67
33- 36.................................................................. 20 215-218 68
37- 40.................................................................. 21 219-223 69
41- 43.................................................................. 22 224-228 70
44- 47.................................................................. 23 229-232 71
48- 51.................................................................. 24 233-237 72
52- 54.................................................................. 25 238-241 73
55- 58.................................................................. 26 242-246 (8 months) 74
59- 62
(2 months)............................................... 27 247-250 75
63- 65.................................................................. 28 251-255 76
66- 69.................................................................. 29 256-260 77
70- 73.................................................................. 30 261-264 78
74- 76.................................................................. 31 265-269 79
77- 80.................................................................. 32 270-273 (9 months) 80
81- 83.................................................................. 33 274-278 81
84- 87.................................................................. 34 279-282 82
88- 91
(3 months)............................................... 35 283-287 83
91- 94.................................................................. 36 288-291 84
95- 98.................................................................. 37 292-296 85
99-102................................................................. 38 297-301............................................................................ 86
103-105................................................................ 39 302-305 (10 months) 87
106-109................................................................ 40 306-310............................................................................. 88
110-113................................................................ 41 311-314............................................................................. 89
114-116................................................................ 42 315-319............................................................................. 90
117-120................................................................ 43 320-323............................................................................. 91
121-124 (4 months)............................................. 44 324-328............................................................................. 92
125-127................................................................ 45 329-332............................................................................. 93
128-131................................................................ 46 333-337 (11 months)............................................................................. 94
132-135................................................................ 47 338-342............................................................................. 95
136-138................................................................ 48 343-346............................................................................. 96
139-142................................................................ 49 347-351............................................................................. 97
143-146................................................................ 50 352-355............................................................................. 98
147-149................................................................ 51 356-360............................................................................. 99
150-153 (5 months)............................................. 52 361-365 (12 months) 100
SPACE COVERAGE
ENDORSEMENT
For attachment to Section One Aviation Products and
Grounding Liability Insurance Endorsement attaching to and forming part of Policy No.
1
Exclusion (E) of
Coverage A in Section One of the Policy is deleted.
2
Notwithstanding
clause 1 of this Endorsement, Coverage A does not apply to Property Damage to
any Space Vehicle or Satellite or any Aviation Product forming a part of such
Space Vehicle or Satellite after the Operational Life of such Space Vehicle or
Satellite has expired.
3
Definition
applicable to this Endorsement:
Operational
Life
Operational
Life means such period of time as the manufacturer of any Space Vehicle or
Satellite specifies in the original sales contract as the operational/service
life of such Space Vehicle or Satellite.
4 Limit of Liability
The
following sub-limitations apply to the coverage afforded under this
Endorsement:
4.1
The Limit of
Liability for Property Damage to any one Satellite after such Satellite has
been delivered to a launch site arising out of an Aviation Product installed on
or used in connection with such Satellite
is USD (except
as provided in clause 4.2 below).
4.2
The Limit of
Liability for Property Damage suffered by two or more Satellites on the same
launch during the period from completed integration of the Satellites on board
the Launch Vehicle until physical separation from the Launch Vehicle arising
out of an Aviation Product installed on or used in connection with any of such
Satellites is limited to USD…………. any one Satellite.
Notwithstanding
the foregoing provision the overall aggregate Limit of Liability shown in the
Schedule shall not be exceeded.
5 This
Endorsement does not apply to Property Damage to any Satellite removed from a
launch site prior to its launch from the time of its removal until it arrives
again at a launch site.
All other terms and
conditions remain unchanged
Endorsement No. 1
(Inclusion of Space Products Coverage)
SPACE EXCLUSION
ENDORSEMENT
For attachment to Section One Aviation Products and
Grounding Liability Insurance
Endorsement attaching to and
forming part of Policy No.
It
is understood and agreed that this Policy shall not apply to any legal
liability caused directly or indirectly by any Space Vehicle or Satellite or an
Aviation Product forming a part of such Space Vehicle or Satellite.
Endorsement No. 2
(Exclusion of Space Products Coverage)
AVN 99 AIRCRAFT FINANCE/LEASE CONTRACT -CONTINUING
LIABILITY ENDORSEMENT
It
is noted that the Contract Party(ies) had
an interest or interests in respect of the Equipment under the Contract(s)
when the Equipment was being operated by the Insured pursuant to the Contract(s). Accordingly, in respect
of the said interest(s) of the Contract
Party(ies), with respect to losses occurring during the period from the Effective Date until (i) the date and
time at which the Insurance expires or, if earlier, (ii) the date and time at
which the Insured has no further obligation to insure the said interest(s) of
the Contract Party(ies), as
notified by the Designated Contract
Party to the Insurers (via the Appointed Broker, if any) (such
notification to be given promptly and in any event within 30 days after such
date), and in consideration of the Additional Premium, it is confirmed that, as required by the Contract(s), the Legal Liability
Insurance afforded by the Policy is in full force and effect, and it is further
agreed that the following provisions are specifically endorsed to the Legal Liability
Insurance section of the Policy:-
1.
The Contract
Party(ies) are included as Additional Insured(s).
2.
Subject to the
provisions of this Endorsement, the Insurance shall operate in all respects as
if a separate Policy had been issued covering each party insured hereunder.
Notwithstanding the foregoing the total liability of Insurers in respect of any
and all Insureds shall not exceed the limits of liability stated in the Policy.
3.
The Insurance
provided hereunder shall be primary and without right of contribution from any
other insurance which may be available to the Contract Party(ies).
4.
This Endorsement
does not provide coverage for any Contract
Party with respect to claims arising out of its legal liability as
manufacturer of, or performer of maintenance, repairs or other operational
activities on, the Equipment.
5.
The coverage
afforded by the Policy is amended by this Endorsement to provide coverage in
respect of the liability of the Contract
Party(ies) to the pilots and crew of the Equipment (excluding liability to those pilots and crew employed
by the Contract Party(ies)), on
the basis that for the purposes of providing such coverage under this
Endorsement, such pilots and crew shall be deemed to be passengers.
6.
The cover
afforded to each Contract Party by
the Policy in accordance with this Endorsement shall not be invalidated by any
act or omission (including misrepresentation and non-disclosure) of any other
person or party which results in a breach of any term, condition or warranty of
the Policy PROVIDED THAT the Contract
Party so protected has not caused, contributed to or knowingly condoned
the said act or omission.
7.
The provisions of
this Endorsement apply to each Contract
Party solely in its capacity as former financier, former lessor or
former lease servicer or manager under the Contract(s), and not in any other capacity. Knowledge that any Contract Party may have or acquire or
actions that it may take or fail to take in that other capacity (pursuant to
any other contract or otherwise) shall not be considered as invalidating the
cover afforded by this Endorsement. For this purpose “lease servicer or manager”
means a Contract Party who is
appointed by one or more other Contract
Party(ies) to provide services relating to the Equipment in connection with the Contract(s) (other than services of a kind specified in paragraph
4 above).
8.
The Contract Party(ies) shall have no
responsibility for premium, and Insurers shall waive any right of set-off or
counterclaim against the Contract
Party(ies).
1.
Upon payment of
any loss or claim to or on behalf of any Contract Party(ies), Insurers shall to
the extent and in respect of such payment be thereupon subrogated to all legal
and equitable rights of the Contract Party(ies) indemnified hereby (but not against
any Contract Party). Insurers shall not exercise such rights without the
consent of those indemnified, such consent not to be unreasonably withheld. At
the expense of Insurers such Contract Party(ies) shall do all things reasonably
necessary to assist the Insurers to exercise said rights.
2.
Except in respect
of any provision for Cancellation or Automatic Termination specified in the
Policy or any endorsement thereof, cover provided by this Endorsement may only
be cancelled or materially altered in a manner adverse to the Contract
Party(ies) by the Insurers giving not less than thirty (30) days’ notice in
writing to the Contract Party(ies) (via the Appointed Broker, if any). Notice
shall be deemed to commence from the date such notice is given by the Insurers.
Such notice will NOT, however, be given at normal expiry date of the Policy or
any endorsement.
EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE
TERMS OF THIS ENDORSEMENT:-1. THE
CONTRACT PARTY(IES) ARE COVERED BY THE POLICY SUBJECT TO ALL TERMS, CONDITIONS, LIMITATIONS, WARRANTIES, EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.
2.
THE POLICY SHALL NOT BE VARIED BY ANY
PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN
ENDORSEMENT OR AMENDMENT TO THE POLICY.
SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT
1. Equipment1:
2. Contract
Party(ies):
3. Designated Contract Party:
4. Contract(s):
and
references in this Endorsement to “the
Contract(s)” mean the contract(s) listed above, as amended or
supplemented from time to time.
5. Effective
Date2:
6. Appointed Broker:
7. Additional Premium:
AVN 99
2 August 2007
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
________________________________________________
1
Specify details of any aircraft, engines or spares to be covered.
2
Insert effective date of continuing liability coverage. This will normally be
either (i) the date on which the corresponding AVN67C cover for the Equipment
terminates for the particular Contract Party(ies), in the case of tail cover
commencing midway through a policy year, or (ii) the policy renewal date, in
case of subsequent renewal. Note that AVN67C and the present tail cover
endorsement should never both be in force concurrently.
AVN 100 FRAUDULENT CLAIMS
An Insured shall not in the presentation and
furtherance of any claim:
(a) deliberately
or recklessly conceal from Insurers any information which he knows or ought to
know might be material to their consideration of any claim;
(b)
provide to
Insurers information, which he knows to be false, with respect either to any
event relied upon as a cause of loss or as to the amount claimed; nor
(c)
otherwise use
fraudulent means or devices, including suppressing a known defense to Insurers’
liability.
In any such event the Insurers shall have the option
to refuse to pay the whole or any part of the
claim to such Insured.
In the circumstances set out in sub-paragraph (b)
above, Insurers shall also have the option to:
(i) terminate the cover provided by all sections of the
Policy to such Insured with effect from the date of
the event relied upon for the claim;
(ii) recover any sums paid to such Insured in respect of
losses occurring on or after the date of the event
relied upon for the claim; and
(iii) retain any and all premium paid by such Insured.
If any provision of this clause is in conflict with
the law governing the Policy it shall be of no effect
to the extent of such conflict.
AVN 100 26.7.08
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVN 101 ADDITIONAL INSURED(S) ENDORSEMENT
It
is hereby understood and agreed that ................................................................................................................
................................................................................................................
are
added as (an) Additional Insured(s).
This
Endorsement does not provide coverage for the above with respect to claims
arising out of their legal liability as manufacturer of or performer of
maintenance, repairs, service or supply to the Aircraft and does not prejudice
Insurers’ rights of recourse against the above as manufacturer of or performer
of maintenance, repairs, service or supply to the Aircraft where such rights of
recourse would have existed had this Endorsement not been effected under this
Policy.
(For
use with Aircraft Liabilities)
AVN 101 25.9.08
In
common with all AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use
in particular policies. Insurers are of course free to offer different policy
wordings and clauses to their policy holders.
AVN 102 WAIVER OF SUBROGATION ENDORSEMENT
It
is hereby understood and agreed that Insurers’ rights of subrogation are waived
against
This
Endorsement does not prejudice Insurers’ rights of recourse against the above
as manufacturer of or performer of maintenance, repairs, service or supply to
the Aircraft where such rights of recourse would have existed had this
Endorsement not been effected under this Policy.
(For
use in respect of Loss or Damage to Aircraft)
AVN
102 22.5.08
In common with all AICG produced AVN Clauses, this
Clause is published by AICG, but it is expressly non-binding and AICG makes no
recommendation as to its use in particular policies. Insurers are of course
free to offer different policy wordings and clauses to their policy holders.
AVN
2000A DATE RECOGNITION EXCLUSION CLAUSE
This
Policy does not cover any claim, damage, injury, loss, cost, expense or
liability (whether in contract, tort, negligence, product liability,
misrepresentation, fraud or otherwise) of any nature whatsoever arising from or
occasioned by or in consequence of (whether directly or indirectly and whether
wholly or partly):
(a) the
failure or inability of any computer hardware, software, integrated circuit,
chip or information technology equipment or system (whether in the possession
of the Insured or of any third party) accurately or completely to process,
exchange or transfer year, date or time data or information in connection with
any change of year, date or time;
whether on or before or after such change of year, date or time;
(b) any
implemented or attempted change or modification of any computer hardware,
software, integrated circuit, chip or information technology equipment or
system (whether in the possession of the Insured or of any third party) in
anticipation of or in response to any such change of year, date or time, or any
advice given or services performed in connection with any such change or
modification;
(c) any
non-use or unavailability for use of any property or equipment of any kind
whatsoever resulting from any act, failure to act or decision of the Insured or
of any third party related to any such change of year, date or time;
and
any provision in this Policy concerning any duty of Insurers to investigate or
defend claims shall not apply to any claims so excluded.
AVN 2000A 14.03.01
AVN
2001A DATE
RECOGNITION LIMITED COVERAGE CLAUSE
WHEREAS the Policy of which this Endorsement forms
part includes the Date Recognition Exclusion Clause (Clause AVN 2000A), it is hereby understood and agreed
that, subject to all terms and provisions of this Endorsement, Clause AVN 2000A
shall not apply:
(1) to any
accidental loss of or damage to an aircraft defined in the Policy Schedule
(“Insured Aircraft”);
(2) to any
sums which the Insured shall become legally liable to pay, and (if so required
by the Policy) shall pay including costs awarded against the Insured) in respect
of:
(a) accidental bodily injury, fatal or
otherwise, to passengers caused by an accident to an Insured Aircraft; and/or
(b) loss of or damage to baggage and
personal articles of passengers, mail and cargo caused by an accident to an
Insured Aircraft; and/or
(c) accidental bodily injury, fatal or
otherwise, and accidental damage to property caused by an Insured Aircraft or
by any person or object falling therefrom.
PROVIDED THAT:
1. Coverage
provided pursuant to this Endorsement shall be subject to all terms,
conditions, limitations, warranties, exclusions and cancellation provisions of
the Policy (except as specifically provided herein), and nothing in this
Endorsement extends coverage beyond that which is provided by the Policy.
2. Nothing
in this Endorsement shall provide any coverage:
(a) in respect of grounding of any aircraft;
and/or
(b) in respect of loss of use of any
property unless it arises out of physical damage to or destruction of property
in the accident giving rise to a claim under the Policy.
3. The
Insured agrees that it has an obligation to disclose in writing to the Insurers
during the Policy period any material facts relating to the Date Recognition
Conformity of the Insured’s operations, equipment and products.
AVN 2001A
21.3.01
(Applicable to
AVN 2002A DATE RECOGNITION LIMITED COVERAGE CLAUSE
WHEREAS the Policy of which this
Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN
2000A), it is hereby understood and
agreed that, subject to all terms and provisions of this Endorsement, Clause AVN
2000A shall not apply to any sums which the Insured shall become legally liable
to pay, and (if so required by the Policy) shall pay (including costs awarded
against the Insured) in respect of:
(1) accidental
bodily injury, fatal or otherwise, or loss of or damage to property caused by
an aircraft accident occurring during the Policy period and arising out of a
risk insured under the Policy; and/or
(2) accidental
bodily injury, fatal or otherwise, or loss of or damage to property caused by
an accident, other than an aircraft accident, occurring during the Policy
period and arising out of a risk insured under the Policy. For the avoidance of
doubt, solely for the purposes of this paragraph (2) and without prejudice to
the meaning of the words in any other context, “bodily injury” shall mean only
physical corporeal injury and unless arising directly therefrom shall not
include mental or psychological injury.
PROVIDED THAT:
1. Coverage
provided pursuant to this Endorsement shall be subject to all terms, conditions,
limitations, warranties, exclusions and cancellation provisions of the Policy
(except as specifically provided herein), and nothing in this Endorsement extends
coverage beyond that which is provided by the Policy.
2. Nothing
in this Endorsement shall provide any coverage:
(a) applying in excess of any scheduled
underlying insurance and/or in respect of any non aviation risks; and/or
(b) in respect of grounding of any aircraft;
and/or
(c) in respect of loss of use of any
property unless it arises out of physical damage to or destruction of property
in the accident giving rise to a claim under the Policy.
3.
The Insured agrees that it has an obligation to
disclose in writing to the Insurers during the Policy period any material facts
relating to the Date Recognition Conformity of the Insured’s operations,
equipment and products.
AVN 2002A
21.3.01
(Applicable to non Aircraft Liability only)
AVN 2003A DATE RECOGNITION LIMITED COVERAGE CLAUSE.
WHEREAS the Policy of
which this Endorsement forms part includes the Date RecognitionExclusion Clause
(Clause AVN 2000A), it is hereby understood and agreed that, subject to all
terms and provisions of this Endorsement, Clause AVN 2000A shall not apply to
any sums which the Insured shall become legally liable to pay, and (if so
required by the Policy) shall pay (including costs awarded against the Insured)
in respect of:
accidental bodily injury, fatal or otherwise, or loss of or damage to
property caused by a spacecraft and/or launch vehicle accident occurring during
the Policy period and arising out of a risk insured under the Policy;
PROVIDED THAT:
1. Coverage provided pursuant to this
Endorsement shall be subject to all terms, conditions, limitations, warranties,
exclusions and cancellation provisions of the Policy (except as specifically
provided herein), and nothing in this Endorsement extends coverage beyond that
which is provided by the Policy.
2. Nothing in this Endorsement shall provide
any coverage in respect of loss of use of any property unless it arises out of
physical damage to or destruction of property in the accident giving rise to a
claim under the Policy.
3. The Insured agrees that it has an obligation
to disclose in writing to the Insurers during the Policy period any material
facts relating to the Date Recognition Conformity of the Insured’s operations,
equipment and products.
AVN 2003A 14.3.01
(Applicable to
spacecraft liability)
AVN 104 AIRPORT LIABILITY
INSURANCE
SCHEDULE
POLICY NUMBER:
Item 1. NAME
AND ADDRESS OF THE INSURED:
Item 2. PERIOD
OF INSURANCE:
From:
To: Both days ………… Local Standard Time at
the address of the Insured.
Item 3. LIMIT
OF LIABILITY:
Combined
Single Limit (Bodily Injury/Property Damage):
…………
any one Occurrence and in the aggregate in respect of Products Liability.
Item 4. DEDUCTIBLE:
Item 5.
Item 6. THE
GEOGRAPHICAL LIMITS IN RESPECT OF WHICH THE COVERAGE AFFORDED BY
THIS POLICY
APPLIES:
but worldwide in respect of
Products Liability.
Item 7. PREMIUM:
Item 8. NAME
AND ADDRESS OF FIRM TO WHOM ALL NOTICES SHALL BE GIVEN:
AIRPORT
LIABILITY INSURANCE
The Insurers agree to pay on behalf of the Insured all
sums, less any applicable deductible, which the Insured shall become
legally liable to pay as damages for Bodily Injury and/or Property Damage
caused by an Occurrence arising out of the
Insured's business as owner and/or operator of the Airport(s) specified in Item
5 of the Schedule and subject to the Geographical Limits stated in Item
6 of the Schedule
EXCLUSIONS
This
Policy does not cover
1.
Bodily Injury to any person who at the time of sustaining such Bodily
Injury is engaged in the service of the Insured, or liability for which the
Insured or their insurer may be held liable under any employer’s liability, workers’
compensation, unemployment compensation or disability benefits law or any
similar law.
2.
Liability assumed by the Insured by agreement under any contract unless
such liability would have attached to the Insured
even in the absence of such agreement.
3.
Property Damage to property owned, rented, leased or occupied by or in
the care, custody or control of the Insured other
than Property Damage to:
(a) aircraft
not owned, rented or leased by the Insured, while such aircraft are on the
ground and in the care, custody or control
of the Insured for the purpose of storage, servicing, handling or maintenance
(b) vehicles not owned, rented or leased by the Insured,
while such vehicles are at the Airport(s) specified in
Item 5 of the Schedule
(c) baggage and/or cargo not owned by the Insured while
such baggage and/or cargo is in the care, custody or
control of the Insured.
4.
Bodily Injury or Property Damage caused by any ships, vessels, craft or
aircraft owned, chartered, used or
5.
operated by or on account of the Insured.
This
exclusion does not apply to Bodily Injury or Property Damage caused by aircraft
not owned, rented or leased by the Insured,
while such aircraft are on the ground and in the care, custody or control of
the Insured for the purpose of storage, servicing, handling or
maintenance.
6.
Liability arising out of the possession, use, consumption or handling of
any goods or products manufactured, constructed, altered, repaired, serviced,
treated, sold, supplied or distributed by the Insured, after such goods or
products have ceased to be in the possession or under the control of the
Insured.
This
exclusion does not apply to
(a) goods
or products which form part of or are used in conjunction with aircraft
(b) the
supply, by the Insured, of food and drink at the Airport(s) specified in Item 5
of the Schedule.
7
The cost of repairing or replacing any defective goods or products
manufactured, constructed, altered, repaired, serviced, treated, sold, supplied
or distributed by the Insured or any defective part or parts thereof.
8
Loss arising out of improper or inadequate performance, design or
specification but this exclusion shall be deemed not to apply to Bodily Injury
or Property Damage insured hereby resulting therefrom.
9
The cost of making good any faulty workmanship but this exclusion shall
not apply to Bodily Injury or Property Damage arising out of such faulty
workmanship.
10 Bodily Injury or Property Damage caused by the use of
any vehicle on the road in such a manner as to require insurance or security
under any domestic or international law governing road traffic or, in the
absence of any applicable law, to liability arising from the use of any vehicle
on the public highway.
This exclusion does not apply in respect of any such
liability arising from Occurrences within the confines of the
Airport(s) specified in Item 5 of the Schedule
a) if
there is no such applicable law
b) to
the liability of the Insured to pay any amount which is in excess of
i)
any prescribed limit that is required to be insured where insurance may
be effected to comply with the law whether the Insured effects an insurance
policy in respect of such liability or not
ii) the
limit of liability of the insurance policy effected by the Insured in respect
of such liability whichever is the greater.
11 Bodily Injury or Property Damage arising out of
construction of, demolition of or alterations to buildings, runways or
installations (other than normal maintenance operations).
12 Liability arising out of the operation of an airfield
control tower or the provision of air traffic control services.
13 Bodily Injury or Property Damage arising out of any
airmeet, air race, or air show or any stand used for the accommodation of
spectators in connection therewith.
14 Claims excluded by the attached
a) War,
Hi-Jacking and Other Perils Exclusion Clause (Aviation) AVN48B
b) Noise
and Pollution and Other Perils Exclusion Clause AVN46B
c) Paragraph
1(b) of the above Clause AVN46B shall not apply to pollution or contamination
of goods or products sold or supplied by the Insured.
d) Nuclear
Risks Exclusion Clause AVN38B
e) Date
Recognition Exclusion Clause AVN2000A
f) Asbestos
Exclusion Clause 2488AGM00003
g) Contracts
(Rights of Third Parties) Act 1999 Exclusion Clause AVN72.
II. DEFENSE,
SETTLEMENT AND SUPPLEMENTARY PAYMENTS
With
respect to such coverage as is afforded under this Policy the Insurers shall
1.
Have the right
and obligation to defend at their cost and expense in the name of and on behalf
of the Insured any suit or other
proceedings, even if groundless, false or fraudulent, brought against the
Insured. However, the Insurers shall have the right to make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient. Furthermore, the Insurers shall pay all expenses incurred by the
Insured with the Insurers' approval (other than the salaries of the Insured's
employees and the Insured's normal office expenses) in respect of any such suit
or other proceedings brought against the Insured.
2.
Pay all premiums on bonds to release attachments for an amount not in
excess of the applicable limit of liability of this Policy and all premiums on
appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds.
3.
Pay all costs
taxed against the Insured in any such suit or proceedings and all interest
accruing after entry of judgement until the Insurers have paid, tendered or
deposited in court, such part of such judgement as does not exceed the
applicable limit of the Insurers' liability. The Insurers shall only be liable
to pay for that proportion of the said
costs and interest which the applicable limit of the Insurers' liability bears
to the amount of such judgement.
The amounts incurred under this clause, except
settlements of claims and suits, are payable by the Insurers in addition to the
limit of the Insurers' liability stated in the Schedule. However with respect
to any coverage which is subject to an aggregate limit hereunder the Insurers
shall not be obligated to defend any suit nor to pay any costs or expenses
after the aggregate limit of liability under this Policy has been exhausted and
in this event the Insured shall have the right to take over control of proceedings
from the Insurers.
DEFINITIONS
BODILY INJURY
The term “Bodily Injury” means bodily injury, sickness
or disease, including death at any time resulting therefrom.
PROPERTY
DAMAGE
The term “Property Damage” means physical loss of or
damage to or destruction of tangible property, including the
resultant loss of use of such property.
OCCURRENCE
The
term “Occurrence” means an accident or a continued or repeated exposure to
conditions occurring during the Period of
Insurance which results in Bodily Injury and/or Property Damage neither
expected nor intended from the standpoint of the Insured.
All liability arising out of such exposure to
substantially the same general conditions shall be deemed to arise from one
Occurrence.
PRODUCTS
LIABILITY
The
term “Products Liability” means Bodily Injury and/or Property Damage arising
out of the possession, use, consumption or
handling of any goods or products manufactured, constructed, altered, repaired,
serviced, treated, sold, supplied or distributed by the Insured, after
such goods or products have ceased to be in the possession or under the control of the Insured. However,
liability arising out of the supply by the Insured of food or drink at the Airport(s)
specified in Item 5 of the Schedule shall not be considered Products Liability.
INSURED
The
term “Insured” means the Insured specified in Item 1 of the Schedule and shall
include directors, officers and employees of the Insured whilst acting within
the scope of their duties on behalf of the Insured.
CONDITIONS
PRECEDENT
It is necessary that the Insured observes and fulfils
the following conditions precedent before the Insurers have any liability
to make any payments under this Policy.
1 No
liability shall be admitted and no admission, arrangement, offer, promise or
payment shall be made by the Insured
without the written consent of Insurers who shall be entitled, if they so
desire, to prosecute in the name of the Insured for their own benefit any claim
for indemnity or damages or otherwise against any third party, and shall
have full discretion in the conduct of any negotiations or proceedings, and the
Insured shall give all such information and assistance as Insurers may require.
2 Pay
all costs taxed against the Insured in any such suit or proceedings and all
interest accruing after entry of judgement until the Insurers have paid,
tendered or deposited in court, such part of such judgement as does not exceed
the applicable limit of the Insurers' liability. The Insurers shall only be
liable to pay for that proportion of the said costs and interest which the
applicable limit of the Insurers' liability bears to the amount of such
judgement.
3 The
amounts incurred under this clause, except settlements of claims and suits, are
payable by the Insurers in addition to the limit of the Insurers' liability
stated in the Schedule. However with respect to any coverage which is subject
to an aggregate limit hereunder the Insurers shall not be obligated to defend
any suit nor to pay any costs or expenses after the aggregate limit of
liability under this Policy has been exhausted and in this event the Insured
shall have the right to take over control of proceedings from the Insurers.
GENERAL CONDITIONS
1.
Upon the
happening of any event likely to give rise to a claim under this Policy or upon
receipt by the Insured of notice of any claim or of any other subsequent
proceedings, notice in writing with full particulars shall be given to the Insurers as soon as possible after same shall
come to the knowledge of the Insured or the Insured’s representative.
Every letter, claim, writ, summons or process shall be forwarded to Insurers
immediately on receipt by the Insured.
2.
All notices as specified above shall be given by the Insured to the firm
named for the purpose in Item 8 of the Schedule.
3.
If the I nsured has other insurance against loss covered by this Policy
, the I nsurers shall not be liable for a greater
proportion of such loss than the Limit of Liability stated in the Schedule
bears to the limit of indemnity of all valid and collectible insurance against
such loss.
4.
This Policy may be cancelled at any time at the written request of the
Insured or may be cancelled by or on behalf of the
Insurers provided 30 days notice in writing be given. (Where 30 days notice is
contrary to law or statute then the minimum period that is permitted shall be
substituted therefor).
If the Policy shall be cancelled by the Insured, the
Insurers shall retain the proportion of the premium calculated
in accordance with the following scale.
1 month on risk... ....... ... . 20% annual premium
2 months on risk ... ..... .... .30% annual premium
3 months on risk ... ..... .... .40% annual premium
4 months on risk ... ..... ... .50% annual premium
5 months on risk... ...... ....
.60% annual premium
6 months on risk... ... .. ... 70% annual premium
7 months on risk ... ... .. .... 75% annual premium
8 months on risk ... ... .. .....80% annual premium
9 months on risk... ... ... . ...85% annual premium
Over 9 months equivalent to Annual.
If the Policy shall be cancelled by I nsurers, they
shall retain the premium for the period that this Policy has been in force, calculated pro-rata. Notice of
cancellation by the Insurers shall be effective even though the Insurers
make no payment or tender of return premium.
5.
Should there be any material change in the circumstances or nature of
the risks which are the basis of this contract the Insured shall give immediate
notice thereof to the Insurers and no claim arising subsequent to such
change shall be recoverable hereunder unless such change has been accepted by
the Insurers.
6.
An Insured shall not in the presentation and furtherance of any claim:
(a) deliberately or recklessly conceal from Insurers any
information which such Insured knows or ought to know
might be material to their consideration of any claim;
(b) provide to Insurers information, which such Insured
knows to be false, with respect either to any event relied upon as a cause of
loss or as to the amount claimed; nor
(c)
otherwise use fraudulent means or devices, including suppressing a known
defence to Insurers’ liability.
In any such event the Insurers shall have the option
to refuse to pay the whole or any part of the claim to such
Insured.
In
the circumstances set out in sub-paragraph (b) above, Insurers shall also have
the option to:
(i) terminate
the cover provided by the Policy to such Insured with effect from the date of
the event relied upon for the claim;
(ii) recover any sums paid to such Insured in respect of
losses occurring on or after the date of the event relied
upon for the claim; and
(iii) retain
any and all premium paid by such Insured.
If any provision of this condition is in conflict with
the law governing the Policy it shall be of no effect to the extent
of such conflict.
7.
Notwithstanding the inclusion herein of more than one Insured, whether
by endorsement or otherwise, the total liability of the Insurers in respect of
any or all Insureds shall not exceed the limit of liability stated in the
Schedule.
8.
This Insurance shall be governed by and construed in accordance with the
law of …………….and each party agrees to submit to the exclusive jurisdiction of
the Courts of ………………… in any dispute arising hereunder.
9.
The coverage provided by this Policy shall not be invalidated by any
reasonable act by or on behalf of the Insured for the
purpose of protecting persons or property.
AVN
104 22.1.09
In common with all
AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use in particular
policies. Insurers are of course free to offer different policy wordings and
clauses to their policy holders.
ATTACHMENTS
HERETO:
1)
WAR,
HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN 48B
2)
NOISE AND POLLUTION AND OTHER PERILS EXCLUSION
CLAUSE AVN 46B
3) NUCLEAR RISKS EXCLUSION CLAUSE AVN
38B
4) DATE RECOGNITION EXCLUSION CLAUSE AVN 2000A
5)
ASBESTOS
EXCLUSION CLAUSE 2488AGM00003 (=AVN 96 17.3.04)
6) CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE AVN 72
_______________________________________________________________________
In this
Policy Form the Clauses above are given in full, however insofar as they have
been included in this Form Book they are presented only by their headings (Translator's remark)
AVN 105 AVIATION FUELLING
LIABILITY INSURANCE
SCHEDULE
POLICY
NUMBER:
Item 1. NAME
AND ADDRESS OF THE INSURED:
Item 2. PERIOD
OF INSURANCE:
From: To: Both days ………… Local Standard Time at the address
of the Insured.
Item 3. LIMIT OF LIABILITY:
Combined Single Limit (Bodily
Injury/Property Damage):
………… any one Occurrence and
in the aggregate in respect of Section 2.
Item 4. DEDUCTIBLE:
Item 5. THE GEOGRAPHICAL LIMITS IN RESPECT OF WHICH THE
COVERAGE AFFORDED BY
THIS
POLICY APPLIES:
but worldwide in respect of Section 2
Item 6. PREMIUM:
Item 7. NAME
AND ADDRESS OF FIRM TO WHOM ALL NOTICES SHALL BE GIVEN:
AVIATION FUELLING LIABILITY INSURANCE
SECTION
1 – PREMISES LIABILITY
The Insurers agree to pay on behalf of the Insured all
sums, less any applicable deductible, which the Insured shall become
legally liable to pay as damages for Bodily Injury and/or Property Damage
caused by an Occurrence at any airport and/or heliport premises, subject to the
Geographical Limits stated in Item 5 of the Schedule, arising out of the
Insured’s business of storage and supply of fuel and/or lubricants and/or
hydraulic fluids and/or equipment related thereto, for use in connection with
aircraft.
EXCLUSIONS
APPLICABLE TO SECTION 1
This Section 1 does not cover
1. Bodily
Injury or Property Damage caused by the use of any vehicle on the road in such
a manner as to require insurance or security under any domestic or
international law governing road traffic or, in the absence of any
applicable law, to liability arising from the use of any vehicle on the public
highway.
This exclusion does not apply in respect of any such
liability arising from Occurrences within the confines of any
airport or heliport premises
(a) if
there is no such applicable law
(b) to
the liability of the Insured to pay any amount which is in excess of
(i) any
prescribed limit that is required to be insured where insurance may be effected
to comply with the law whether the Insured effects an insurance policy in
respect of such liability or not
(ii) the limit of liability of the insurance
policy effected by the Insured in respect of such liability
whichever
is the greater.
2.
Bodily Injury or Property Damage caused by any ships, vessels, craft or
aircraft owned, chartered, used or operated by or on
account of the Insured.
3.
Bodily Injury or Property Damage arising out of any goods or products
manufactured, constructed, altered, repaired, serviced, treated, refined, sold,
supplied or distributed by the Insured after such goods or products have
ceased to be in the possession or under the control of the Insured.
4.
Liability arising out of the use or ownership of fuel lines, pipelines,
fuel farms or bunkers or liability arising out of the transportation of fuels
by land, sea, pipelines or other methods of conveyance other than on airport or
heliport premises.
SECTION
2 – PRODUCTS LIABILITY
The Insurers agree to pay on behalf of the Insured all
sums, less any applicable deductible, which the Insured shall become
legally liable to pay as damages for Bodily Injury and/or Property Damage
caused by an Occurrence arising out of the Products Hazard.
EXCLUSIONS
APPLICABLE TO SECTION 2
This Section 2 does not cover
1.
The cost of
repairing or replacing any defective goods or products manufactured,
constructed, altered, repaired, serviced,
treated, refined, sold, supplied or distributed by the Insured or any defective
part or parts thereof.
2.
Loss arising out of improper or inadequate performance, design or
specification but this exclusion shall be deemed
not to apply to Bodily Injury or Property Damage insured hereby resulting
therefrom.
GENERAL
EXCLUSIONS
This Policy does not cover
1.
Bodily Injury to any person who at the time of sustaining such Bodily
Injury is engaged in the service of the Insured, or liability for which the
Insured or their insurer may be held liable under any employer’s liability, workers’
compensation, unemployment compensation or disability benefits law or any
similar law.
2.
Property Damage to property owned, rented, leased, or occupied by the
Insured or in the care, custody or control of the
Insured other than Property Damage to:
(a)
aircraft not owned, rented or leased by the Insured, while such aircraft
are on the ground and in the care, custody or
control of the Insured in connection with the Insured’s fuelling operations
(b)
vehicles not owned, rented or leased by the Insured, while such vehicles
are at any airport and/or heliport
premises.
3.
The cost of making good any faulty workmanship but this exclusion shall
not apply to Bodily Injury or Property Damage
arising out of such faulty workmanship.
4.
Bodily Injury or Property Damage arising out of construction of,
demolition of or alterations to buildings, runways
or installations (other than normal maintenance operations).
5.
Liability assumed by the Insured by agreement under any contract unless
such liability would have attached to the Insured
even in the absence of such agreement.
6. Loss of use of any aircraft which has not been
physically lost or damaged or destroyed.
7. Claims excluded by the attached
(a)
War, Hi-Jacking
and Other Perils Exclusion Clause (Aviation) AVN48B
(b)
Noise and
Pollution and Other Perils Exclusion Clause AVN46B
Paragraph
1(b) of the above Clause AVN46B shall not apply to pollution or contamination
of goods or products sold or supplied by the Insured.
(c) Nuclear
Risks Exclusion Clause AVN38B
(d)
Date Recognition
Exclusion Clause AVN2000A
(e)
Asbestos
Exclusion Clause 2488AGM00003
(f) Contracts
(Rights of Third Parties) Act 1999 Exclusion Clause AVN72.
II. DEFENCE, SETTLEMENT AND SUPPLEMENTARY
PAYMENTS
With respect to such coverage
as is afforded under this Policy the Insurers shall
1.
Have the right
and obligation to defend at their cost and expense in the name of and on behalf
of the Insured any suit or other
proceedings, even if groundless, false or fraudulent, brought against the
Insured. However, the Insurers shall have the right to make such
investigation, negotiation and settlement of any claim or suit as they deem
expedient. Furthermore, the Insurers shall pay all expenses incurred by the
Insured with the Insurers' approval (other than the salaries of the Insured's
employees and the Insured's normal office expenses) in respect of any such suit
or other proceedings brought against the Insured.
2.
Pay all premiums on bonds to release attachments for an amount not in
excess of the applicable limit of liability of this Policy and all premiums on
appeal bonds required in any such defended suit, but without any
obligation to apply for or furnish any such bonds.
3.
Pay all costs
taxed against the Insured in any such suit or proceedings and all interest
accruing after entry of judgement until the Insurers have paid, tendered or
deposited in court, such part of such judgement as does not exceed the
applicable limit of the Insurers' liability. The Insurers shall only be liable
to pay for that proportion of the said
costs and interest which the applicable limit of the Insurers' liability bears
to the amount of such judgement.
The amounts incurred under
this clause, except settlements of claims and suits, are payable by the
Insurers in addition to the limit of the
Insurers' liability stated in the Schedule. However with respect to any
coverage which is subject to an aggregate limit hereunder the Insurers shall
not be obligated to defend any suit nor to pay any costs or expenses
after the aggregate limit of liability under this Policy has been exhausted and
in this event the Insured shall have the right to take over control of proceedings
from the Insurers.
DEFINITIONS
BODILY INJURY
The
term “Bodily Injury” means bodily injury, sickness or disease, including death
at any time resulting therefrom.
PROPERTY
DAMAGE
The term “Property Damage” means physical loss of or
damage to or destruction of tangible property, including the
resultant loss of use of such property.
PRODUCTS
HAZARD
The
term “Products Hazard” means the possession, use, consumption or handling of
goods or products (being fuels, lubricants, hydraulic fluids and equipment
related thereto) manufactured, constructed, altered, repaired, serviced, treated, refined, sold, supplied or
distributed by the Insured but only in respect of such goods or products which
are used in connection with aircraft and only after such goods or products have
ceased to be in the possession or under the control of the Insured.
OCCURRENCE
The
term “Occurrence” means an accident or a continued or repeated exposure to
conditions occurring during the Period of
Insurance which results in Bodily Injury and/or Property Damage neither
expected nor intended from the standpoint of the Insured.
All liability arising out of such exposure to
substantially the same general conditions shall be deemed to arise from one
Occurrence..
INSURED
The
term “Insured” means the Insured specified in Item 1 of the Schedule and shall
include directors, officers and employees of the Insured whilst acting within
the scope of their duties on behalf of the Insured
CONDITIONS
PRECEDENT
It is
necessary that the Insured observes and fulfils the following conditions
precedent before the Insurers have any liability
to make any payments under this Policy.
1 No liability shall be admitted and no
admission, arrangement, offer, promise or payment shall be made by the Insured without the written consent of
Insurers who shall be entitled, if they so desire, to prosecute in the name of
the Insured for their own benefit any claim for indemnity or damages or
otherwise against any third party, and shall have full discretion in the
conduct of any negotiations or proceedings, and the Insured shall give all such
information and assistance as Insurers may require.
2.
The Insured shall at all times exercise reasonable care in seeing that
the ways, implements, plant, machinery and
appliances used in the Insured’s business are substantial and sound and in
proper order and fit for the purpose for
which they are used, and that all reasonable safeguards and precautions against
Occurrences are provided and used.
3.
The Insured shall
comply with all international and government regulations and civil
instructions.
GENERAL
CONDITIONS
1.
Upon the
happening of any event likely to give rise to a claim under this Policy or upon
receipt by the Insured of notice of any claim or of any other subsequent
proceedings, notice in writing with full particulars shall be given to the Insurers as soon as possible after same shall
come to the knowledge of the Insured or the Insured’s representative.
Every letter, claim, writ, summons or process shall be forwarded to Insurers
immediately on receipt by the Insured.
2.
All notices as specified above shall be given by the Insured to the firm
named for the purpose in Item 7 of the Schedule.
3.
If the Insured
has other insurance against loss covered by this Policy, the Insurers shall not
be liable for a greater proportion of such
loss than the limit of liability stated in the Schedule bears to the limit of
indemnity of all valid and collectible insurance against such loss.
4.
This Policy may be cancelled at any time at the written request of the
Insured or may be cancelled by or on behalf of the Insurers provided 30 days
notice in writing be given. (Where 30 days notice is contrary to law or
statute then the minimum period that is permitted shall be substituted
therefor).
If the
Policy shall be cancelled by the Insured, the Insurers shall retain the
proportion of the premium calculated in
accordance with the following scale.
1 month on risk... ....... ... . 20% annual premium
2 months on risk ... ..... .... .30% annual premium
3 months on risk ... ..... .... .40% annual premium
4 months on risk ... ..... ... .50% annual premium
5 months on risk... ...... ....
.60% annual premium
6 months on risk... ... .. ... 70% annual premium
7 months on risk ... ... .. .... 75% annual premium
8 months on risk ... ... .. .....80% annual premium
9 months on risk... ... ... . ...85% annual premium
Over 9 months equivalent to Annual.
If the Policy shall be cancelled by I nsurers, they
shall retain the premium for the period that this Policy has been in force, calculated pro-rata. Notice of
cancellation by the Insurers shall be effective even though the Insurers
make no payment or tender of return premium.
5
Should there be any material change in the circumstances or nature of
the risks which are the basis of this contract the Insured shall give immediate
notice thereof to the Insurers and no claim arising subsequent to such
change shall be recoverable hereunder unless such change has been accepted by
the Insurers.
6
An Insured shall not in the presentation and furtherance of any claim:
(a) deliberately or recklessly conceal from Insurers any
information which such Insured knows or ought to know
might be material to their consideration of any claim;
(b)
provide to Insurers information, which such Insured knows to be false,
with respect either to any event relied upon as a cause of loss or as to the
amount claimed; nor
(c)
otherwise use fraudulent means or devices, including suppressing a known
defence to Insurers’ liability.
In any such event the Insurers shall have the option
to refuse to pay the whole or any part of the claim to such
Insured.
In
the circumstances set out in sub-paragraph (b) above, Insurers shall also have
the option to:
i)
terminate the
cover provided by the Policy to such Insured with effect from the date of the
event relied upon for the claim;
ii) recover any sums paid to such Insured in respect of
losses occurring on or after the date of the event relied
upon for the claim; and
iii) retain
any and all premium paid by such Insured.
If any provision of this condition is in conflict with
the law governing the Policy it shall be of no effect to the extent
of such conflict.
7.
Notwithstanding the inclusion herein of more than one Insured, whether
by endorsement or otherwise, the total liability of the Insurers in respect of
any or all Insureds shall not exceed the limit of liability stated in the
Schedule.
8.
This Insurance shall be governed by and construed in accordance with the
law of ……….. and each party agrees to submit to the exclusive jurisdiction of
the Courts of ……………. in any dispute
arising hereunder.
9.
The coverage provided by this Policy shall not be invalidated by any
reasonable act by or on behalf of the Insured for the purpose of protecting
persons or property.
AVN 105 22.1.09
In common with all
AICG produced AVN Clauses, this Clause is published by AICG,
but it is expressly non-binding and AICG makes no recommendation as to its use in particular
policies. Insurers are of course free to offer different policy wordings and
clauses to their policy holders.
ATTACHMENTS
HERETO:
1.
WAR,
HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) AVN 48B
1.10.96
2.
NOISE AND POLLUTION AND OTHER PERILS EXCLUSION
CLAUSE AVN 46B 1.10.96
3.
NUCLEAR
RISKS EXCLUSION CLAUSE AVN
38B 22.7.96
4.
DATE
RECOGNITION EXCLUSION CLAUSE AVN 2000A 14.03.01
5.
ASBESTOS
EXCLUSION CLAUSE 2488AGM00003 (=AVN 96 17.3.04)
6.
CONTRACTS
(RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE AVN 72
9.2.2000
_______________________________________________________________
In this
Policy Form the Clauses above are given in full, however insofar as they have
been included in this Form Book they are presented only by their headings (Translator's remark)
AVN 106 FUELLING GROUNDING LIABILITY EXTENSION
This Policy is extended to pay on behalf of the
Insured all sums which the Insured shall become legally liable to pay as
damages for the loss of use of aircraft
caused by a Grounding following an Occurrence insured under Section 2 of this
Policy.
The
following definition is added:
The term “Grounding” means the complete and continuous
withdrawal from all flight operations at or about the same time of one or more aircraft due to the mandatory order of any
airworthiness authority because of an existing, alleged or suspected like
defect, fault or condition affecting the safe operation of two or more aircraft
and which results from an Occurrence. Any liability of the Insured arising from
such Grounding shall attach to the Period of Insurance in which the Occurrence
took place.
A Grounding shall be deemed to commence from the date
on which the first such order becomes effective and to continue until the
date on which the last such order relating to the same existing, alleged or
suspected like defect, fault or condition is withdrawn or becomes ineffective.
The
definition of “Occurrence” for the purpose of this extension is deleted and
replaced with the following:
The term “Occurrence” means an accident or a continued
or repeated exposure to conditions (other than a Grounding) occurring during the Period of Insurance which results in Bodily
Injury and/or Property Damage neither expected nor intended from the standpoint
of the Insured.
All
liability arising out of such exposure to substantially the same general
conditions shall be deemed to arise from one Occurrence.
The
insurance afforded by this extension will not apply to loss of use of any
aircraft:
(a)
occurring during
maintenance, routine overhaul or alteration, or whilst being modified for
purposes other than those relating to Grounding;
(b)
occurring during the period that the Insured does not use reasonable
diligence to find and eliminate the cause of the loss of use;
(c)
caused by the culpable failure of the Insured to perform any obligation
with respect to making available or delivering goods or
products to the operator of such aircraft;
(d) owned by, used by or in the possession of the armed
services of any government;
(e)
in the care, custody or control of the Insured other than aircraft
temporarily returned to the Insured for modification relating to
Grounding;
(f)
after it is designated by the manufacturer or required by the direction
of any airworthiness authority to be removed from all flight operations due to its certificate of
airworthiness being withdrawn by reason of the aircraft’s safe operational life
having been reached or exceeded.
The insurance afforded by this extension shall be
subject to a limit of liability of ……………… any one Grounding and in the
aggregate, which shall be included within, and not in addition to, the limit of
liability in respect of Section 2 of this Policy.
AVN 106..22.1.09