Professional Documents
Culture Documents
State Air Services in collaboration with the UK based Imperial Airways. It was
an extension of London-Karachi flight of the Imperial Airways. In 1932, JRD
Tata founded Tata Airline, the first Indian airline. At the time of independence,
nine air transport companies were carrying both air cargo and passengers.
These were Tata Airlines, Indian National Airways, Air service of India, Deccan
Airways, Ambica Airways, Bharat Airways, Orient Airways and Mistry Airways.
After
partition
Orient
Airways
shifted
to
Pakistan.
The
aviation
first
insurance
The
company
stopped
aviation
writing
policies
in
the
resulting
The London insurance market is still the largest single centre for
aviation insurance. The market is made up of the traditional Lloyds of London
syndicates and numerous other traditional insurance markets. Throughout
the rest of the world there are national markets established in various
countries, this is dependent on the aviation activity within each country, the
US has a large percentage of the world's general aviation fleet and has a
large established market.
No single insurer has the resources to retain a risk the size of a major
airline, or even a substantial proportion of such a risk. The Catastrophic
nature of aviation insurance can be measured in the number of losses that
have cost insurers hundreds of millions of dollars (Aviation accidents and
incidents). Most airlines arrange "fleet policies" to cover all aircraft they own
or operate.
AVAIATION INSURANCE
NORMAL RISKS
The
LIABILITIE
S
above diagram suggests that there are mainly two kinds of risks which an
aviation insurance company will cover which has been divided into two parts.
They are:
1. Normal Risks
2. Liabilities
These two risks are further divided into various parts which involve
various risks and liabilities they are which is explained in detail later on.
NORMAL RISKS
These risks are those risks which every aviation company in this
industry carries it on its back when it enters into the business. These risks
may differ from time to time and situation to situation. These are
1. Hull Risks
2. Hull War Risks
3. Spares All Risks/ War Risks
4. Hull total Loss Only cover
These risks are those risks which takes place when these takes place
when any of these factors comes into action. Because all the above risks
mentioned above are unpredictable and may occur at any time
HULL RISKS
The hull "All Risks" policy will usually refer to something like "all risks
of physical loss or damage to the aircraft from any cause except as
hereinafter excluded".
Airline hull "All Risks" policies are subject to a standard level of
deductible (that is an uninsured amount borne by the Insured) applicable in
the event of partial (non-total) loss. Currently, this deductible can range from
$50,000 in respect of a Twin Otter to $1,000,000 in respect of a wide-bodied
jet aircraft, such as a Boeing 747.
Deductibles too can be reduced by means of a separate "Deductible
Insurance" policy. The Deductible Insurance Policy is effected to reduce the
large "All Risks" policy deductibles to a more manageable level. For example
the US$1,000,000 applicable to a Boeing 747 can be reduced to say
US$100,000.
The term "all risks" can be misleading. "All risks of physical loss or
damage" does not include loss of use, delay, or consequential loss.
"Grounding" is a good example of consequential loss. Some years ago when
there had been a couple of accidents involving DC10 Aircraft, the Civil
Aviation Authorities throughout the world imposed a "grounding order" on
that type of aircraft.
That order in effect said until certain things had been established and
checked out those aircraft could not fly. The operators of those aircraft were
unable to fly them and as a consequence of that they "lost" the use of them.
But the aircraft were not "lost" - it was known precisely where they were but
they could not be used to carry passengers. Such an eventuality would not
be covered by an "all risks" policy because in such circumstances there is no
PHYSICAL loss or damage.
What the policy will cover is the reinstatement of the aircraft to its
"pre-loss" condition, if repairable damage is involved, or some other form of
settlement in the event that more substantial damage is sustained. Exactly
what form of settlement will depend on the policy conditions.
Today, the vast majority of airline hull "all risks" policies are arranged on an
"Agreed Value Basis". This provides that the Insurers agree with the Insured,
for the policy period, the value of the aircraft and as such, in the event of
total loss, this Agreed Value is payable in full. Under an Agreed Value policy
the replacement option is deleted.
The hull risks does not cover some risks whish are as follows
1. Wear, tear and gradual deterioration - in common with most nonmarine policies (which includes aviation insurance) these perils are
thought to be a trading expense and not a peril to be insured.
2. Ingestion damage - caused by stones, grit, dust, sand, ice, etc.,
which result in progressive engine deterioration is also regarded as
"wear and tear and gradual deterioration", and as such is excluded.
Ingestion damage caused by a single recorded incident (such as
ingestion of a flock of birds) where the engine or engines concerned
have to shut down is not regarded as wear and tear and is covered
subject to the applicable policy deductible.
9
10
The hull "All Risks" policy will contain the exclusion of "War and Allied
Perils". Generally speaking, throughout the aviation insurance world, "War
and Allied Perils" have a defined meaning. In the London Aviation Insurance
Market the standard exclusion is called the War, Hi-jacking and Other Perils
Exclusion Clause (currently known by its reference - AVN48B for short) this
lists and defines these so-called war and allied perils. It say,
1. War - this includes civil war and war with no formal declaration.
2. The detonation of a weapon
3. Strikes, riots, civil commotions and labour disturbances.
4. Political or terrorist acts.
5. Malicious or sabotage acts.
6. Confiscation, nationalization, requisition and the like by any
government.
7. 7.Hijacking or Unlawful exercise to control plane other than
crew members of the flight concerned.
11
The brutal second plane crash in World Trade Center, New York, United States of Ameica,
11 September,2001
12
The exclusion also applies to any loss or damage occurring whilst the
aircraft is outside the control of the operator by reason of any of these "war"
perils.
The majority of the excluded "War and Allied Perils", other than the
detonation of a nuclear weapon and a war between the Great Powers (the
aviation insurance world identifies these as the U.S.A., the Russian
Federation, China, France and the UK), can normally be covered by way of a
separate "War and Allied Perils" policy. Aircraft deductibles are not normally
applied in respect of losses arising out of "War and Allied Perils".
Other exclusions insurers will usually apply are, as follows:1. Confiscation etc. by the "state" of registration (this exclusion can often
be deleted in respect of financial interests - albeit, in some instances at
an additional premium charge)
2. Any debt, failure to provide bond or security or any other financial
cause under court order or otherwise;
3. The repossession or attempted repossession of the Aircraft either by
any title holder or arising out of any contractual agreement to which
any Insured protected under the policy may be party;
4. Delay and loss of use. (Although there is often an extension to the
policy for a limited amount for extra expenses necessarily incurred
following confiscation or hijacking).
The aircraft hull "War and Allied Perils" policy will cover the aircraft on
an "Agreed Value" basis against physical loss or damage to the aircraft
occasioned by any of these perils. This statement is made carefully and
deliberately in order to highlight the essential difference from a "Political
Risks" Insurance.
13
14
inside
15
This is similar to Hull All Risks cover given above but will respond only to
total losses of aircraft, whether actual, constructive or arranged. This is
particularly given for old aircraft since the old aircraft are heavily depreciated
and insured for low sums and premium on such low sums would result in low
premium, which would be inadequate for the partial losses. The ratio of
partial losses to total losses in such old aircraft is distorted.
LIABILITIES
16
Liabilities are those risks which may arise due to some consequences
or some reasons the company has to face. Those reasons are as
follows
1. Aircraft Liability
2. Excess Liability
3. Aerospace Manufacturers products and Grounding Liability
4. Airport Owners and Operations Liability
5. Product Liability
A liability is a present obligation of the enterprise arising from past
events, the settlement of which is expected to result in an outflow from the
enterprise of resources embodying economic benefits.
The explanations of all the liabilities are given below
AIRCRAFT LIABILITY
17
Here in aircraft liability there are many other liabilities involved which
are further divided into four parts. They are
AIRCRAFT LIABILITY
3RD PARTY
PASSENGE
R
BAGGAGE
CARGO
AND
MAIL
These are the kinds of liabilities which are covered in aviation insurance
the explanation in detail is given below
18
PASSENGER LIABILITY
Coverage
for
aircraft operators in
the
event
passenger is injured,
killed
or
disabled
during
an
accident
while
aboard
an
insured
aircraft.
Aviation
policies
divided
liability
coverage
into
two
19
20
Concorde crash on a hotel near Paris Airport just few minutes after the take off which
resulted in destruction of th hotel it fell on, 25 July, 2000
When one engages in recreational activities requiring the use of a vehicle whether it be land, water, or air sports related - there are inherent factors
that could result in liability issues. No one wants to enjoy an activity and then
have the pleasure of it clouded with possible situations that would result in
liability claims against their hard earned savings. This Third Party liability
insurance for USUA members can help relieve the worry of possible claims
against the pilot should this type of situation occur. Additionally, access to
airports, flight parks, and flying events often require liability coverage. Many
states require insurance of this nature just to operate an airplane of any
description. Third party liability coverage is also less expensive than full
coverage, and therefore allows the members (insurance holders) the
21
BAGGAGE LIABILITY
22
This kind of liability may include various reasons in the happening. They are
as follows:
1. Delays
If your bags are delayed, try not to panic. The airlines typically
have ways to track them, and about 98 percent of all misplaced luggage
is returned eventually. If your bags are on the next flight, you could have
them within a few hours. If they've been sent to the wrong airport, it could
take a couple of days. Make sure to file your claim immediately at the
airport and to give the attendant a hotel or home phone number and
address.
The airlines will typically bring you your luggage when it is found; you will
rarely need to return to the airport to pick it up. Additionally, many
airlines will reimburse any unexpected expenses caused by the loss or
delay (keep your receipts!). But be careful here -- the airline sometimes
has the option to deduct any reimbursement or stipend from any
subsequent awards.
23
Before you leave the airport, be sure you know how to check on your
bag's status; some airlines have an online system while others will
provide you with a phone number to call for updates.
2. Lost Baggage
If the airline loses your bags, make sure you get a written claim for
damages. This may require a different form than the original "missing
luggage" form. This can be done at the airport or by mail.
On domestic flights, the airline baggage liability is capped at $3,300 per
person. On international trips, the liability limit may vary, as it is governed
by various international treaties, including the Montreal and Warsaw
Conventions.
You may
need to produce
receipts to prove
the value of items
you had in your
suitcase.
have
If
you
them,
include copies in
any
A place consisting lost baggages in airport
documentation
you send to the
airline. (Keep in mind that you will be reimbursed for the depreciated value
of your items -- so the airline won't give you the full $1,000 you paid for that
suit you purchased two years ago.) You can purchase "excess valuation"
protection if your checked baggage is worth more than these limits (but
24
before doing so, make sure the items aren't already covered by your
homeowner's or travel insurance policy).
The airlines typically have a long list of items for which they will not
be held responsible; these include jewelry, money, heirlooms and other
valuables. These sorts of items should always be packed in your carry-on
bag.
3. Stolen Baggage
Head directly to
the baggage carousel
when you get off your
flight.
Many
airlines
into
the
4. Damaged Baggage
25
Once you've gotten your bags off the carousel, immediately check
them for damage or other signs of tampering or mishandling. Report any
damage before leaving the airport; airline customer service will often
want to inspect the bag. Keep in mind that most airlines won't cover
minor wear and tear.
According to,
26
Although Martinair Cargo will give its best efforts to deliver your shipment at its
final destination in good order and condition, sometimes damage / depreciation,
delay or (partial) loss unfortunately occurs. In case such an irregularity should
affect your shipment, a claim can be filed with Martinair Cargo Claims. In order to
facilitate and speed up the claim handling process, we kindly would like to draw
your attention to the following:
I What to do in case you receive your shipment with damage
1
Make sure that the damage of the shipment is noted on the release
upon receipt of your cargo at the final destination, as recorded on the Airway
Bill.
1
27
the boxes on the outside of the pallets in case of complete pallet delivery.
Please record the temperature on the release form/delivery receipt of the
warehouse.
1
28
Pilferage is defined as the loss of one or more items out of one or more
pieces
1
the date of delivery (both partial loss and pilferage are considered as
damage).
1
Make sure, that partial loss and/or pilferage is noted on the warehouse
Please explicitly indicate the items / pieces claimed for. Please note that
Martinair Cargo cannot offer full compensation based on the commercial /
29
sales invoice as a refund for loss of profit is not part of our contractual
liability.
2
Packing list. Please indicate the items / pieces claimed for Cession
In case your claim concerns damage / depreciation, please enable us to verify the
extent / direct consequences of the irregularity by also enclosing:
1
Destruction report, in case the shipment was no longer fit for sale.
3
4
Bill (s) of sale, in case the shipment was still fit for sale.
5
6
30
Only upon receipt of the information as requested above, your claim can be taken
into consideration. If any of these documents are not available, please explicitly
state so. Please be informed that an adequate and sufficient provision of all
relevant documents enables a swift and efficient claim handling procedure.
IV Claims handling information
1
can be held against the carrier and which occurred while being under its
custody. This means the period from acceptance of the shipment at the
airport of departure until delivery at the airport of destination.
1
Conditions
(available
on
the
website
of
Martinair
Cargo:
31
Martinair Cargo does not accept liability for perishable cargo delivered
into our custody at a temperature exceeding the temperature limits
mentioned on the warehouse receipt / acceptance slip or exceeding the
temperature limits mentioned in the IATA, Perishable Cargo Manual. Also
liability is not accepted by Martinair Cargo for damages which are a result of
inherent defect, nature or vice of the cargo whilst shipment has not suffered
a significant delay.
1
within two years, reckoned from the date of arrival at the destination, or
from the date on which the aircraft ought to have arrived, or from the date
on which the carriage was stopped.
1
Martinair Cargo will be forced to hand over the file to the liability claims
adjusters appointed by our insurers. The claim will then be dealt with directly
by these claims adjusters and the claimants will be contacted accordingly.
1
stamp a Final Release Form before being able to settle, hence relieving
Martinair Cargo from any further future liability. After receipt of the duly
signed and stamped Final Release Form and if necessary the Cession of
Rights, settlement will be effected. Our financial department will transfer the
amount to your bank account, for which we of course need your banking
details, including swift code.
32
EXCESS LIABILITY
33
Excess liability is all about the refueling and the defueling of the aircraft.
Excess liability is also known as THIRD PARTY WAR RISKS.
34
35
Coverage
This policy protects parties from claims arising from injury or
damage caused by defects in the products sold or manufactured or from
improperly completed operations. Manufacturers, distributors and sellers
can be open to liability even if it is proven that the product was used
improperly. Insurance coverage will cover their legal fees needed for
defense against claims and class action suits
36
GROUNDING LIABILITIES
37
PREMISES-LIABILITY
This basic part of the policy will protect the liability of the operation for the
employees while performing their duties. This would be the fueling operation,
and any part of the business associated with the office and ramp areas. The
facility will add to this policy additional parts to cover the specific needs of
each operation.
HANGARKEEPERS
The larger operations, you know, like a Bell service center with 8 to 10
beautiful ships in various stages of maintenance with full pilot training
38
39
People working as hangar keepers
TRAINING
IN-FLIGHT-HANGARKEEPERS
This coverage is important if you are operating the helicopter in flight. It is
not uncommon for an operation to do a test flight after maintenance has
been performed or if avionics have been installed or changed. Sometimes a
problem reported by the owner can only be replicated while in flight. If you
are the one who flies it, be sure you meet all of the pilot requirements of
both the operators policy and the helicopter ownerspolicy.
In almost every case, an owner will have an aircraft policy that has as part of
their pilot warranty a paragraph that states what qualifications a pilot needs
to meet before he can fly as part of a maintenance flight. There are some
operators who believe that the owners policy will cover any damage that
results from a loss to the aircraft while flying under this provision. Remember
that the owner
has a policy to
protect
not
them;
you.
If
there is a loss,
they
the
will
get
aircraft
repaired; but if
the
loss
was
ship,
the
company may
Eligible pilots
take
the
41
- fuelling station;
Insurance risks:
42
43
- security measures;
Exclusions:
Specific:
PRODUCT LIABILITY
44
Theories of liability
In the United States, the claims most commonly associated with product
liability are negligence, strict liability, breach of warranty, and various
consumer protection claims. The majority of product liability laws are
determined at the state level and vary widely from state to state. Each type
of product liability claim requires different elements to be proven to present
a successful claim.
Plane crash due to manufactures and other members related with the airlines
Types of liability
45
manufacturing defect,
design defect,
Manufacturing defects are those that occur in the manufacturing process and
usually involve poor-quality materials or shoddy workmanship. Design
defects occur where the product design is inherently dangerous or useless
(and hence defective) no matter how carefully manufactured. Failure-to-warn
defects arise in products that carry inherent nonobvious dangers which could
be mitigated through adequate warnings to the user, and these dangers are
present regardless of how well the product is manufactured and designed for
its intended purpose.
46
During the past century, man has realized his dream to fly. The aircraft
has been developed and partially perfected. The aviation industry, as it is
known today, has grown into a set of definable sub-industries based upon
usage. Modern-day aircraft range from military to commercial airlines to the
most diverse group, general aviation. As with any technology-based industry,
aviation continues to grow and develop. New uses for aircraft are identified,
better aircraft and avionics are created, and problems are recognized and
solved.
Although aviation has come a long way in the last 100 years, it is still a
developing industry. With growth and development come problems that must
be solved before an industry can graduate to the next level. In the United
States, aviation is now being confronted with a series of problems that may
take as long to solve as the act of flight itself. As aviation enters the new
millennium, it is these problems with which the aviation insurance industry
must deal. Some are simply growing pains. Others are outside influences for
which no simple solution may exist.
Legal Concerns
In many cases, changes in other areas of our society have a great
influence over aviation. This is the case with our court system. The trend
toward unreasonable verdicts and ridiculous awards has forced many aircraft
owners to create shell corporations to "front" as the registered owner of their
aircraft. Owners today are uncertain as to how much liability insurance is
adequate protection, a situation made far worse by the growing reluctance of
insurance underwriters to offer higher limits of liability protection at any
price. The underwriters explain that it is impossible for any aviation
insurance company to predict an adequate liability premium rating structure
when the court decisions are so volatile and erratic. All aviation insurance
companies are heavily reinsured by companies in London and other foreign
markets, and those foreign insurers usually charge passenger liability
47
premiums for aircraft operated in the United States that are three to five
times as much as those paid by non-U.S. operators.
And so it goes for the owner of general aviation and commercial aviation
aircraft in the United States. Aircraft owners seem to be trapped between
inadequate coverage limits, high-priced liability insurance premiums, and the
perils of the U.S. court system.
Can Small Aviation Businesses Survive?
In the future, some sectors of the aviation community may simply
cease to exist as a result of the threat of financial devastation due to lawsuit.
We've had a glimpse of this already when the escalating cost of products
liability insurance practically stopped the production of light aircraft in the
mid-1980s. It was only after a change in legislation limiting the time an
aircraft manufacturer could be held responsible for products liability that our
industry resumed production of new light aircraft.
In the future, such sectors of general aviation as the small piston repair
shop and the small flight training school may not be able to afford the
increasing insurance premiums and in some cases may not be able to buy
adequate insurance at any price. This may spell the end for many in these
businesses. As of February 2000 at least three aviation insurance companies
have ceased writing small "Instruction and Rental" risks while others have
increased their premiums for this class.
The future may see the small maintenance facility replaced with a newtechnology aircraft requiring far less maintenance. The same style of
maintenance used by the military and airlines -- the remove-and-replace
concept -- may become commonplace throughout general aviation as well.
Maintenance problems may be identified by computer and repaired only by
the manufacturer at factory service centers, a practice that is already
48
common in today's bizjet fleet. "Plug and fly" replacement parts keyed to a
computer analysis may decrease cost with little or no downtime.
All this, of course, is little consolation to owners of existing, oldertechnology,
maintenance-intensive
aircraft.
They're
not
getting
any
49
Meantime, what can be done to infuse new blood in the cockpit? The
industry is currently suffering from a lack of trained professional pilots.
Without the military-trained pilot to help fill the need for commercial and
airline pilots, we must depend solely upon civilian-trained pilots. This then
becomes an economic problem. There is no longer a generous GI Bill to offset
the cost of flight training in an age of escalating costs.
Many of our charter and corporate clients complain of sending a young
second-in-command to school on their aircraft, only to have the airlines snap
them up upon completion. The trend toward younger and younger pilots in
the right seat is disturbing whether at the charter, corporate, or airline level
of operation.
Shrinking Fleet
Primary training costs are increasing for a number of reasons. The high
cost of new replacement training aircraft and inadequate and expensive
insurance render the training sector of aviation vulnerable to lawsuits and
financial disaster, and a shortage of qualified instructors has slowed the flow
of new pilots to a trickle. The shortage of career CFIs is due in part to the low
pay scale at most flight schools, whose owners respond that they're just
barely able to stay in business as it is.
The majority of the general aviation aircraft flying today are 15 to 20
years old and older. To replace a simple single-engine Cessna 172 today
would cost in excess of $140,000. A new twin-engine Beech Baron is in the
$1,000,000 range. Of course, used aircraft are always an option. The obvious
problem is that as new replacement aircraft increase in cost, the price of
good used aircraft is forced up as well. Today, there are no bargains. It is
often a struggle to find a used aircraft for sale with no damage history.
Couple the normal attrition of our aging fleet with the high cost of
50
51
years, the corporate flight department has insisted upon the business jet for
comfort and safety. Now, with the development of the single-pilot jets, there
is increased interest from the businessman pilot in Citation SPs, CitationJets,
and other new-generation Williams-engine-powered jets. In our opinion, this
is clearly a look into the future. With the ease of operation and safety and
the decreasing acquisition and operational costs of new-generation turbine
aircraft, it is easy to see what the near future holds for the piston-powered
aircraft. Coupled with the increasing profitability of medium and large
businesses and their ability to afford private aircraft, and the frustrations of
flying the commercial airlines, we believe that the trend toward the small
corporate jet will escalate.
Training: Better But More Expensive?
There is no argument among most commercial pilots and aviation
insurance underwriters that full-motion flight simulators should be a part of
every
training
process.
You
simply
cannot
practice
the
emergency
52
55
56
This is more so in the General Aviation (generally aircraft with less than 61
seats) segment where the sum insured limits are within the capacities of
many Indian Insurers. General Aviation buyers in India have enjoyed
substantially lower premium payouts in 2008 compared to their world and
regional peers, as buyers have bargained hard taking advantage of the soft
market conditions and excess market quite a few buyers have switched their
insurers. On the Airline front, pricing continues to be driven by leading
international markets especially in London, as Indian Insurers continue to off
load major risks to international companies mainly in the European sub
continent, with insurance brokers playing a very important role in the entire
process. Market Potential For 2008, Aviations direct premium income in
India is circa INR 3,750 million and this includes buyers from all segments
including airlines, general aviation, aerospace, airports, ground handlers,
catering companies etc but excluding satellite. Over 75% of the total
premium comes from the airline segment with another 23% from General
Aviation. A very small portion of 2% is contributed by airport, ground
handlers, catering segment etc. In addition, capacity. In the process, National
Reinsurer, GIC Re writes substantial international aviation business (mainly
by way of inward reinsurance) coming into the country and gradually other
insurers are following suit, but with caution. Over the last 10 years GIC Re
has emerged as one of the largest aviation reinsurer in the international
market and is playing a key role in supporting Indian Insurers. Currently there
are over 200 buyers of aviation insurances in the country who need aviation
products in one form or other. Many new buyers have entered the market in
2008 and the trend is expected to continue in 2009 albeit at a slow pace. For
the airline sector, customer base and number of aircrafts has increased
significantly in the past three years but current economic situation is taking a
toll on its future growth.
57
When one compares the above limits to 2-3 years back it signifies a jump of
over 200%-250% and majority of the capacity comes from National
Reinsurer, GIC Re. New capacity has entered Indian market especially during
2007, 2008 with Private Insurers buying reinsurance programmes to support
their direct underwriting. At the same time existing Insurers have expanded
their underwriting limits.
It is expected that capacity will be more or less stable during 2009 and as a
result dependence on international market for General Aviation is likely to
get reduced, but for large airline risks reliance on international market is
expected to continue.
58
Claims Scenario
Each
Insurer
will
have
its
own
underwriting
experience to show and can vary from its peers considerably depending on
their participation on the policies that has produced losses. General Aviation
claims in 2008 are expected to exceed Rs. 500 million and 2009 has started
on a bad note with claims in first five months exceeding Rs.350 million. As
against this, past 10 years average general aviation losses are hovering
around Rs.400 million. When we compare these claim figures against the
total general aviation premium in India, one may come to a conclusion from
the insurers perspective that general aviation is profitable over the last 10
years period. This may not be true for all insurers, especially considering the
fact that 10 years average loss figure consists of two or three major losses in
each year. Insurers participating on these losses would have been hit hard.
Majority of the losses in the last 10 years are on account of aircraft damages
and liability claims forma a very small portion of it. However, by no means
does this give any indication into the future considering the catastrophic
nature of aviation business.
59
Montreal Convention
The Indian Government ratified Montreal Convention 1999 in March 2009
and currently it applies to international travel. There is nothing on record at
this stage to show that the revised liability limits are applicable to domestic
sectors. In brief, the Convention has increased compensation levels for
international passengers in the event of death or bodily injury and damage
and delay to the passenger baggage and cargo. While the compensation for
death or bodily injury has increased almost 7 times from the existing levels
of approximately USD 20,000 to around USD 140,000, the compensation for
damage to the checked baggage has increased from approximately USD 20
per kg to around USD 1,400 per passenger. The compensation for damage to
cargo has increased from USD 20 per kg approximately to USD 24 per kg.
The Warsaw System, which is in force in India by way of Carriage by Air Act,
1972 had allowed four choices of jurisdiction for filing of a claim by the
passenger, namely, place of issue of ticket, principle place of business of the
carrier, the place of destination of the passenger and the place of domicile of
the carrier. Through the Montreal Convention a fifth jurisdiction is added
which is the place of domicile of the passenger, provided the airline has a
presence there. Therefore an Indian would be able to file claim in India even
if the journey was undertaken outside India. Liability Limit for domestic
passengers in the event of death or bodily injury continues to be at the old
level of Rs.750,000 for passengers above 12 years of age and Rs.350,000 for
below 12 years. As regards damage and delay to the passenger, baggage
compensation is Rs.4,000 per passenger for hand baggage and Rs.450 per
kg for registered baggage. So far, Insurers have responded very positively by
covering their customers based on the revised limits for international travel
and it remains to be seen whether new limits will be applicable for domestic
travel as well and its impact on the liability claims scenario.
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Aviation
Liability
Insurance
Limits
in
India:
Western European countries including countries in the Far East namely Hong
Kong, Singapore have adopted regulations specifying minimum liability
insurance limits for aircraft based on the maximum take off weight of the
aircraft and passenger seating capacity, however India is yet to adopt any
such regulations. Even neighboring countries like Sri Lanka and Nepal have
minimum liability insurance requirements for aircraft and it may not be too
long before India adopts such requirements. While Airlines and Corporate Jet
owners are buying liability limits in line with the international trend, there is
no similar trend when it comes to helicopter operators. Like Airline policies,
liability limits on Corporate Jets many times are driven by financing
/purchase agreements; however helicopter operators tend to buy low limits
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service
commercial
the
product
aviation
Started
in
as
a
to
sector.
1946
as
insurance
aviation
advice
and
Hull All Risk Insurance Policy: This policy is suitable for small
aircraft operators belonging to flying clubs, companies engaged in
agricultural spraying operations, aircrafts especially designed for
VVIPs, business executives and for those engaged in industrial aids.
The policy scope includes all physical loss or damage sustained by
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the insured aircraft including total loss, disappearance. All losses are
paid subject to deductibles.
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Certificate of airworthiness/registration
Crew details
There are basically three types of forms provided by the company regarding
aviation insurance. They are as follows:
1. Personal Accident Insurance Forms
2. Aircraft/ Aviation Liability Insurance Forms
3. Loss of Flying License Insurance Forms
All the forms are different from each other and also the columns to be filled.
In other words they differ from each other.
They look as follows:
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Declaration Form for Aviation Personal Accident Policy For Crew Members
(To be completed by each person to be insured and to form part of the Aviation Personal
Accident Proposal Form)
1. Name
:
:
:
:
:
:
Aircraft
:
:
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I, the undersigned, hereby declare that all the above particulars are true and complete in
every respect, that I am in good health and free from physical infirmity or defect of any
kind, that I am and always have been of temperate habits, and that I have not withheld or
suppressed any information regarding the proposal.
Place:
Date:
Agency
Policy No.
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2. Proposers Address
Name
Age last
Birthday
(In years)
Designation/ Capital
Occupation Sum Insured
(Rs.)
:
:
Table of
Benefits
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(Signature of the
Insured)
Witness
:
:
I/We hereby declare that the above statements are true and complete. I/We agree that this
proposal and declaration form (signed by the person/persons) to be insured) shall be the basis
of
the contract between me/us and the insurance company. I/We further agree to accept a policy
subject to the conditions stipulated therein by the insurance company.
Place:
Date:
Proposer)
(Signature of the
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Agency
Policy No.
Make, Type
& Series
No.
Year of
construction
Passenger Seating
Capacity
Licensed
Declared
for the
purpose of
this
insurance
Engines
Registration/
Identification
Marks
Number &
Date of
issue of
last
renewal of
C of A
Number
and Type
Maximum
All Up
weight of
aircraft in
kgs
Price Paid
Rs.
Value
Total value of
the aircraft for
the purchase of
insurancee
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Cost of estimate of
repairs to Aircraft
(Rs.)
Passenger
Pilot
Pilot
Name
Age
Types of aircraft flown
Flying experience
(in hours)
Total Day:
Total Night:
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16.
From___________________ To_______________
DECLARATION: I/We warrant that the abovementioned 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 that this proposal and declaration shall be
the basis of the contract between me/us and the Insurance Company and to accept a
policy subject to terms, conditions and exclusions prescribed therein.
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Policy No:
A. Surname:
Christian Names:
Address:
Date of Birth:
Occupation:
Flight Category:
Captain/Pilot:
First/Second Offer:
Navigation Officer:
Radio Officer:
Flight Engineer/Instructor/ Glider Instructor
(delete whichever is inappropriate)
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2. Type of flying during past 2 years e.g. Air Line, Crep-spraying, Helicopter etc
C.
(This must not be confused with the date of last medical examination of such renewal. The date
of actual renewal must be given)
D. State whether or not you already have a Loss of License Insurance Policy, (State
Yes or No. If Yes, state: a. With whom?
b. For what amount?
c. Date of expiry of the Insurance:
d. Particulars of Insurance required:
E. PARTICUALRS OF INSURANCE REQUIRED
a) For What Sum?
b) For What Period?
From
To
NOTE: This insurance may be invalidated by the existence of another Loss of License
insurance unless prior agreement is obtains from the "NEW INDIA ASSURANCE CO. LTD."
________________________________________________________________________
I hereby declare that to the best of my knowledge I have not sustained any personal injury
whatsoever and I am not at the present time and have not been at any time afflicted any
illness whatsoever (including temporary or otherwise of my physical aural or eye condition)
except as detailed below: I further declare that the certificate of validity forming part of my above mentioned License
has never been invalidated for any period, except as stated below: I warrant that the above statements and particulars are true and thereby agree that this
Declaration shall be held to be promissory and shall form the basis of the contract between
me and the New India Assurance co. Ltd. and I am willing to accept a policy subject to the
terms, exceptions and condition prescribed by the Company therein, and to pay the
premium thereon.
DATE_______20
PROPOSER'S SIGNATURE:
_________________________________________________________________________
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the New India Assurance Co. Ltd. in deciding whether to accept your proposal for insurance
may invalid to the policy and cause you to be deprived of all benefits thereunder.
THE NEW INDIA ASSURNACE COMPANY LIMITED reserves the right to impose special
conditions or refuse to accept a proposal form.
________________________________________________________________________
PROPOSER'S SIGNATURE:
SPACE FOR DETAILS DURING WHICH THE CERTIFICATE OF VALIDITY FORMING PART OF
THE PROPOSERS' LICENCE HAS BEEN INVALIDATED (State date and cause: If NIL state
NIL.)
DATE: _______20
PROPOSER'S SIGNATURE:
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