Professional Documents
Culture Documents
New India
Assurance Company provides professional aviation insurance advice and solutions to the needs
.of small aircraft operators as well as scheduled airlines
.The aviation portfolio encompasses following type of covers
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 the insured aircraft including total loss, disappearance. All
.losses are paid subject to deductibles
Spares All Risk Insurance Policy: Covers loss or damage to spares, tools,•
equipments and supplies owned by the insured or the property for which the
insured is responsible whilst on ground or in transit by land, sea, air including in
.own aircraft or whilst on the premises of others for storage only
Loss of License Insurance: Operating crews of the aircraft are required to•
have valid license. License is liable to be suspended either temporarily or
permanently on medical grounds. Consequential financial loss is covered by the
loss of license policy. Cover provided is in respect of incapacity causing permanent
.total disablement or temporary total disablement due to bodily injury or illness
Besides the aforesaid general aviation policies New India Assurance Company also provides
.various other tailor-made insurance as per specific requirements of the insured
Claims: In case of claims following are illustrative documents that are generally called for
.from the insured
Documents in connection with aircraft details•
Documents in connection with flight details•
Documents in connection with the accident•
Certificate of airworthiness/registration•
Crew details•
Maintenance & engineering information•
Operational manual passenger documentation in case of claims•
:Downloadable Forms
•
:Aviation litigation•
Airline Deregulation Act○
Warsaw Convention○
Airport expansion○
Aircraft noise○
Luggage○
Air disaster○
Air crash litigation○
In-flight incidents○
Cargo loss and damage○
FTCA○
DOHSA○
Airport injuries○
Ticketing issues○
FSIA○
FAA actions○
Claims Training consist of : air disasters, accidents, aircraft noise, luggage and
cargo loss or damage, airport injuries, and ticketing issues. the Warsaw Convention,
and the Airline Deregulation Act, The Death on the High Seas Act, The Foreign
Sovereign Immunities Act, The Federal Tort Claims Act, and the Airline Deregulation
.Act
Spares all risk insurance : : It covers ‘All Risks’ of physical loss or damage to spares including (3
.spares engines when not fitted to an aircraft
Aviation legal liability insurance : This insurance covers operators liabilities to passenger, (4
passenger’s baggage, cargo and mail and legal liabilities to the third parties. Deductibles are
.normally applied only in respect of baggage claim
Deductible insurance : This insurance designed to reduce the standard level of deductible (5
imposed under the main Hull All Risk Insurance. It is normally a separate policy and subject to
.aggregate limit for all claims
Aviation war, hijacking and other perils excess liability insurance : This insurance policy (6
covers damages for bodily injury or property damage, caused by an occurrence in excess of the
limitation of liability contained. This policy attached in the Aviation policies after the terrorism
.(activities of 09.11.2001 World Trade Centre(USA
Total loss only insurance (TLO) : This insurance provides the protection of an additional (7
.insured amount payable in the event of total loss of the aircraft
By reference to the country in which the insured is located. Many countries do not specify how the•
location of an insured aircraft should be determined and this approach is the "default" option, used
.in the absence of more explicit requirements
By reference to the country in which the aircraft is registered. This approach is prescribed by the•
insurance laws of some countries. It applies to aircraft registered in an EEA member state, in
Switzerland and in some countries where Lloyd's is not licensed, such as India. This approach
.should not be followed unless applicable insurance law requires it
Where an aircraft operates from or where the contract is concluded can also affect the location of risk.
Special rules apply in some Caribbean islands. For instance, if a contract insures an aircraft “ordinarily
based” in Anguilla or the Cayman Islands, the risk is located there, and if the application for the
insurance is made in Jamaica, the contract is subject to Jamaican regulatory requirements. It is
therefore possible for a risk to have multiple locations for regulatory and fiscal purposes, i.e. a German
.registered aircraft ordinarily based in the Cayman Islands
The location of risk for contracts relating to specified aircraft is determined in the same way as for
aircraft hull (see above). However, for contracts where the aircraft is not specified the location of risk is
determined by reference to the country where the insured company or other entity covered by the
.(insurance has its establishment(s
The location of risk is determined in the same way as for general liability contracts, i.e. by reference to
the country where the insured company or other entity covered by the insurance has its
.(establishment(s
An aviation product liability contract is “general liability insurance”, not “aviation insurance”. The location
of risk is determined by the country where the insured company or other entity covered by the insurance
.(has its establishment(s
The country where an aircraft to which equipment is fitted is registered is not relevant to determination
of the location of risk. In many countries different rates of tax apply to general liability and aircraft liability
.risks. The rates applicable to general liability then apply to aviation products liability
If goods are in transit to or from Bermuda, the British Virgin Islands or Guernsey, the risk is located in
.the place to which or from which the transit starts or ends
Aviation cargo risks should be treated as goods in transit risks when determining the applicable rate of
.tax
:An aircraft hull and liability or aviation liability contract is a global contract if
It is taken out by a corporate body and covers other corporate bodies or other establishments as.2
well. The contract may refer to specific named entities or may state that all subsidiaries, associated
.companies, branches (or other forms of establishment) are covered under the policy
When identifying the location of risk for a contract covering a single corporate entity its branch structure
and other types of establishment associated with the risk should be considered even if they are not
.specifically referred to in the contract. “Establishments” are discussed in detail here
Premium apportionment
A global contract may give rise to regulatory and tax exposures in different jurisdictions. Compliance
with these requirements requires the overall premium to be apportioned between the countries in which
.risks are located. Guidance on premium apportionment is provided here
Aviation
Liability Insurance to protect airport owners, airline caterers, airline ground handlers and
Aviation refuellers to protect them from their legal liability toward third parties are also
.available
Aviation Hull and Liability Insurance Policy
Bimeh Iran has always been active as protector of civil air industry by providing
adequate air insurance coverage. This company uses technical experience, logical
policies and capabilities and specializations of its experts to provide the insurance needs
of the policyholders by dividing air risks among the international insurance and
reinsurance markets and in this way it manages to provide the necessary financial
.security assurance for its policyholders
Indemnifying heavy damages at the quickest possible time and also retaining more than
80% of the portfolio of air insurance market throughout the Islamic Republic of Iran, is
.enough proofs of such claims
Different Types of Aviation Insurance
The different types of Aviation insurance are divided into four major Sections which are
:used for different types of light and ultra-light aircrafts as noted below
Property insurance•
Liability insurance•
Passenger Accident insurance•
Loss of License of Pilots, co-Pilots and Flight Engineers•
Property Insurance○
Aviation Insurance.1
Aviation Hull Insurance.
Insurer’s obligation include indemnifying the damages and losses sustained by the
aircraft due to risks under insurance coverage. In this section the expenses related to
aircraft emergency landing, expenses of relief and aircraft saving, expenses of cleaning
the airport runway, expenses of transportation and repair and replacement of damaged
.parts, according to the conditions of the policy
Aviation Hull Deductible Insurance Policy.
Whereas in some cases the franchise considered for Hull insurance policy is high, the
policyholder may pay relevant insurance premium to cover the Hull insurance policy
.franchise based on the conditions of the Hull insurance policy
Hull War Insurance.
Whereas according to conditions of the insurance policy, damages due to war, terrorist
acts and the likes have been excluded, the policyholder shall pay the relevant insurance
premium to cover a part of a coverage that has been excluded in the Hull insurance
.policy
Total Loss Insurance Policy.
This means indemnifying damage according to conditions of the policy when the whole
.aircraft is destroyed
Airport Equipment Insurance Policy
Insurance coverage of hull and all air equipment and machinery against accident and
indemnifying the damages, according to the agreed value and according to the conditions
.of insurance policy
Insurance Policy of Equipment and Spare Parts of Aviation Companies
This insurance policy covers aircraft engines, spare parts (including spare parts packages
and shipped spare engines), and ground machinery used in relation with aircraft,
equipment in the workshops and necessary machinery for land transportation, computer
equipment, simulator systems, electrical/mechanical equipment for fire protection,
.commercial items and foodstuff
Liability Insurance Policy
Liability of Air Transport Supervisor – Coverage Includes
Legal Liability Insurance of Aviation Company against Passenger.1
Based on this insurance coverage, the insurer covers legal
responsibility of bodily injury due to accident (leading to death or
otherwise) incurred on passengers from the time they get on the
aircraft until they get off it. This includes partial injury, permanent
.body injury and medical expenses
Legal Liability Insurance of Passenger Luggage.2
In this coverage, the insurer covers the damages incurred on the
.passengers luggage based on international conventions
Legal Liability Insurance.3
Against Third Parties, Including Physical and Financial Liability.
If as a result of collision of aircraft or falling of objects from the
aircraft, any damage is incurred on third parties, and the
policyholder is legally recognized liable, and pays indemnities to
compensate the damages (including the expenses that competent
authorities oblige the policyholder to pay) for bodily injuries or
due to death, accident and the damages incurred on assets, the
insurer shall repay such amounts to the policyholder according to
.the conditions of the insurance policy
Legal Liability Insurance of the Goods Shipped by Aircraft.4
In this coverage, the insurer covers the damages incurred on the
goods that are shipped by airplane according to the issued bill of
.lading, based on the international conventions
War Liability Insurance.5
Based on this coverage, the insurer covers the legal responsibility
of policyholder for physical and financial damages due to war and
.war operations, incurred on third parties
General Liability Insurance.6
This includes paying indemnity to policyholder for all amounts
that the policyholder is held liable to pay as indemnity for physical
damages or loss of assets due to act and work of policyholder as
transport supervisor up to the maximum liability in the insurance
.policy
Production Liability Insurance.7
This includes compensating all bodily injuries, damages or
financial damages that are incurred due to using, consuming or
managing any type of goods or products manufactured, repaired,
supplied or distributed by policyholder or his employees, which
are no longer in the possession or under the control of the
.policyholder
Land Services Liability Insurance, Compensating for Physical and Bodily Injuries
.Air traffic control hangar.1
.Passenger and cargo transport.2
.Fuel and food supply.3
.Aviation equipment and maintenance.4
.Aircraft spare parts.5
.Firefighting and airport relief.6
In this type of insurance policies the insurer undertakes to
compensate for all amounts that the policyholder is legally liable
to pay them as indemnity to other persons based on limit of
.obligations and conditions of the insurance policy
Passenger Accidents Insurance Policy
If the policyholder applies for a less expensive insurance policy than passenger liability
insurance coverage – which has extensive types in paying indemnities – he/she may
purchase passenger accidents coverage. Based on this coverage the insurer undertakes
indemnifying all bodily injuries incurred on passengers due to accident, which may
result in death or permanent body injury as long as the passenger is in the aircraft until
the time when he leaves the aircraft, according to the table of agreement with the
.policyholder
Insurance Policy for Loss of License of Pilots, Co-Pilots, and Flight Engineers
This insurance policy provides indemnities for financial damages incurred on pilot, co-
pilot and flight engineers in case they lose their flight certificate for a provisional period
or permanently due to illness or accident and consequently lose the future advantages of
.their certificates
There are various types of insurance provided under this class of business but for the purpose of this brochure, we shall restrict ourselves to the
:following types of insurance
c) Products Liability
This covers bodily injury or property damage caused by or due to, the possession, use, consumption or handling of any goods or products
There are various types of insurance provided under this class of business but for the purpose of this brochure, we shall restrict ourselves to the
:following types of insurance
c) Products Liability
This covers bodily injury or property damage caused by or due to, the possession, use, consumption or handling of any goods or products
.supplied, serviced or distributed by the insured
CURRENT EVENTS
Format: Looseleaf
Topic/Practice Areas: Insurance Law, Conflict of Laws
& International Law, Torts, Transportation & Shipping
Law, Academic
Publisher: LexisNexis Canada
Top of Form
Publication Date: 2010
Country: Canada
ISBN: 9780433462170
Bottom of Form :Number of Issues Per Year
Number of Volumes: 1
Price: $500.00 Updates Billed As Issued
Major aviation catastrophes causing death and serious injury can be the
catalysts for lawsuits seeking hundreds of millions of dollars in damages.
At the other end of the liability spectrum are accidents in aircraft and
airports, lost or damaged baggage or cargo, and other lesser, actionable
:wrongs. Each scenario gives rise to complex questions
?Who is the victim, and where does he or she reside•
?Where did the death, injury, loss, or damage occur •
?Who caused the loss and in which jurisdiction are they located •
Where is the law most favourable to victims in terms of liability and •
?recoverable losses
Aviation Liability Law examines issues of liability for all parties involved in
legal disputes over damage and death resulting from mishaps in the air.
:You will discover how the law applies to each type of litigant
Plaintiffs — injured or delayed passengers and the estates of•
deceased passengers; passengers with lost or damaged baggage;
shippers with lost, damaged or delayed cargo; individuals suffering
injury or property damage on the ground
Defendants — airlines, aircraft owners and operators, airports, air •
navigation service providers, aircraft and engine manufacturers,
governmental institutions, and travel agencies
Insurers — parties that provide insurance to defendants•
Aviation expert Dr. Paul Stephen Dempsey explains common law and civil
law issues surrounding aviation liability, as well as issues of domestic and
international liability. Commentary includes an up-to-date survey of the
jurisprudence of aviation liability worldwide — with cases from jurisdictions
.inside and outside North America and Europe for maximum coverage