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New India participated in the Aviation Insurance of Air India way back in 1946.

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

Hull/Spares War Risk Insurance: Indemnity is provided to the aircraft as•


well as spares caused by war, invasion, acts of foreign enemies, hostilities, civil
war, rebellion, revolution, resurrection, martial law, strikes, riots, civil commotion,
.malicious acts, sabotage

Hull Deductible Insurance: Airlines at times have to bear a proportion of loss•


due to application of a deductible under All Risk Policy, which may impose
considerable financial difficulty on the insured. Therefore the operators insure part
.of their deductibles under this kind of insurance

Aviation Personal Accident (crew member) Insurance: This cover is•


designed to cover insured person against injury, disablement or death arising as
result of an accident that is generally granted on annual basis. The cover operates
while mounting or dismounting from and whilst traveling an aircraft while the
aircraft is being used within the geographical scope as per its permitted usage.
This cover can also be on 24 hours basis. The capital sum insured varies according
.to the status of the insured or earning capacity and fixed by the insurers

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

AVIATION INSURANCE POLICY

Description of aviation insurance business


The Aviation Insurance referred to the universally recognized insurance for aircraft with standard
conditions accepted by the underwriters. An airline operator purchases these insurance policies.
In general aviation refers to the aircraft, that is to say, hull and machinery of the aircraft. The
following types of covers are given:- (a) Insurance of the aircraft itself against loss or damage.
(b) Insurance of legal liability to third parties and passengers. (c) Insurance of pilots, crews and
ground staff for personal accident. (d) Insurance of pilots against loss of professional license, (e)
.loss or damage to cargo carried
Sadharan Bima Corporation solely underwrites all types of Aviation Risks of Bangladesh Biman
Corporation(the National Flag Carrier). And also underwrites other Aircraft risks of local private
aircraft operators. SBC also covers insurance of pilots, crews and ground staffs for Personal
.(Accident and insurance of pilots against Loss of Professional License(LOL
Aviation Insurance Policy : The following major policies are available to cover the Aviation Risk in
: Sadharan Bima Corporation
Aviation hull all risks insurance : It covers ‘All Risks’ of physical loss or damage to an aircraft (1
(except exclusions provided in the policy). Covers also include pilot error, theft, all natural
causes, damage during maintenance, ground fires/ taxiing accidents etc. Coverage does not
include groundings due to FAA or manufacturer defectives or consequential loss of revenues,
.radioactive contamination / nuclear war and allied perils and mechanical breakdown
Aviation hull war and allied perils insurance : This policy covers loss of or damage to an (2
aircraft resulting from war and associated perils including confiscation, terrorist acts, strikes,
riots, sabotage and hijacking. Exclusions are : losses arising from nuclear war, War between the
.five major powers and UN geographical exclusions are some time imposed

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

AIRCRAFT HULL & LIABILITY AND AVIATION


LIABILITY INSURANCE
.Risk location guidance for aircraft hull & liability and aviation liability insurance

Aircraft hull insurance


Includes aircraft hull, aircraft hull - war, and aircraft loss of use where the insured operates the aircraft
.and has an insurable interest in the hull

:Location of risk is determined in one of two ways

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

Aircraft liability insurance


Includes aircraft operator’s and aircraft owner’s legal liability, war liability and charterers’ liability in
.association with the aircraft operations

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

Aviation liability insurance


Includes ground risks in an aviation context, such as aviation premises, hangarkeepers’, contractors’ or
.(operators’ legal liability or aviation products liability (see specific guidance below

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

Aviation products liability insurance


.Contracts can cover engine manufacturers, avionic software producers or similar businesses

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

Aviation cargo (goods in transit) insurance


With the exception of the specific circumstances noted below the location of risk for an aviation cargo
policy is determined by reference to the country where the insured company or other entity covered by
.(the insurance has its establishment(s

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

Satellite and launch risks


These are not treated as aircraft hull and liability risks for regulatory or fiscal purposes. Policies covering
such risks are treated for location of risk purposes either as property, general liability or miscellaneous
.financial loss insurances, dependent on coverage
Global contracts
.A Global contract is a contract insuring risks located in more than one country

:An aircraft hull and liability or aviation liability contract is a global contract if

.It covers aircrafts registered in different countries.1

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

:AVIATION HULL & LIABILITY INSURANCE PROVIDES


COVERAGE FOR HULL
Covers total or constructive total loss of or damage to an aircraft due to accidents

PASSENGER LEGAL LIABILITY


Indemnifies aircraft owners for their legal liability towards passengers, including their
baggage while on board

THIRD PARTY LIABILITY


Indemnifies aircraft owners for their legal liability to third parties be it Property Damage
of Bodily Injury

:The following coverages can also be secured


War and Allied Perils Insurance
Extends the typical “Hull” cover to include total or constructive total loss or damage to
aircraft if these losses are caused by war, invasion, strikes, riots, sabotage, hi-jacking and
.the like

Personal Accidents to Pilots and Crew


Provides cash benefits to the pilots and crew of the insured aircraft should they suffer
accidental death or total disablement in the course of the aircraft's operations

Medical Expense Reimbursement


Provides reimbursements to the pilot/crew/passenger of the insured aircraft for the
medical expenses they incur if they suffer injury in the course of the aircraft’s
operations

Cargo Legal Liability


Indemnifies aircraft owners for their legal liability for the cargo on board the insured
aircraft

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

.Generally Aviation Hull Insurance covers three groups of risks


A – Destruction of aircraft or damage sustained by it○
:In this regard the Insurer obligations include
Indemnifying the losses and damages sustained by the aircraft in case of
destruction or damage sustained by it due to insured risks. Also in this part the
expenses related to emergency landing of the aircraft and expenses of saving it
.are payable according to the conditions of the insurance policy
(B – Legal Liability against Third Parties (Non-Passengers○
If due to crash of the aircraft or falling down of persons or objects from the
aircraft, any damage is sustained by third parties, the insured is legally
recognized liable and must pay to indemnify the damage (with the exclusion of
the expenses that competent authorities order the insured to pay), for physical
injuries or causing death due to the accident or otherwise, and the damages
sustained by the properties, the insurer shall be bound to repay the paid-up
.amounts to him
C – Legal Responsibility toward Passengers○
The insurer shall pay all amounts that the insured pays under legal liability for
:the following items
Body injuries caused by the accident (leading to death or otherwise)○
.sustained by passengers boarding the aircraft or whilst leaving it
Insurer’s obligation against death or physical injuries and damages
sustained by air baggage are varied based on the policyholder’s
suggestion but the minimum amount of compensation is assessed
according to the Warsaw Convention of 1929 and its amendments in
.Hague 1995
Destruction of or damage sustained by the passengers’ cargo and their○
personal belongings from the time of delivering to the transport
authorities at the airport of origin until its delivery to the passengers at the
.destination airport
In the meantime the insurer shall be liable to indemnify the damage
sustained by passenger cargo (i.e.) $ 20 per kilogram up to a maximum of
.20Kgs.for each passenger
Bimeh Iran (Iran Insurance Co.) Aviation Insurance Coverage

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

AVIATION HULL AND LIABILITIES INSURANCE


a) Hull Insurance
Hull cover includes the aircraft hull: the actual frame, its equipment, instruments and/or special accessories fitted thereto. The insured is
.financially protected against any accidental damage from whatever cause arising whilst the aircraft is in flight, taxing on the ground or moored

b) Legal Liability to Third Parties


This covers the aircraft operator in respect of accidental bodily injury or death or accidental property damage to third parties or to the public
.caused directly by the aircraft or the falling of objects therefrom

c) Legal Liabilities to Passengers


This provides indemnity to the insured in respect of accidental bodily injury or death and accidental property damage to passengers whilst
.entering, on board, or alighting from the aircraft

AVIATION PERSONAL ACCIDENT INSURANCE


This provides cover for all flying as passengers and holding tickets in any properly certified aircraft and invariably excludes cover in respect of
.members of the crew such as pilots and engineers
LOSS OF LICENCE INSURANCE
This type of policy is issued to pilots and flying engineers to provide for payment of an insured sum in the event that their flying license may be

AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE


a) Premises Liability
This provides cover for bodily injury or property damage in or about the airport resulting from the services granted by the insured or his

b) Hangar Keeper’s Liability


This covers loss of or damage to the aircraft or its equipment whilst the aircraft is on the ground, in the care and custody of the insured or under

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

AVIATION HULL AND LIABILITIES INSURANCE


a) Hull Insurance
Hull cover includes the aircraft hull: the actual frame, its equipment, instruments and/or special accessories fitted thereto. The insured is
.financially protected against any accidental damage from whatever cause arising whilst the aircraft is in flight, taxing on the ground or moored

b) Legal Liability to Third Parties


This covers the aircraft operator in respect of accidental bodily injury or death or accidental property damage to third parties or to the public
.caused directly by the aircraft or the falling of objects therefrom

c) Legal Liabilities to Passengers


This provides indemnity to the insured in respect of accidental bodily injury or death and accidental property damage to passengers whilst
.entering, on board, or alighting from the aircraft

AVIATION PERSONAL ACCIDENT INSURANCE


This provides cover for all flying as passengers and holding tickets in any properly certified aircraft and invariably excludes cover in respect of
.members of the crew such as pilots and engineers
LOSS OF LICENCE INSURANCE
This type of policy is issued to pilots and flying engineers to provide for payment of an insured sum in the event that their flying license may be

AIRPORT OWNERS AND OPERATORS LIABILITY INSURANCE


a) Premises Liability
This provides cover for bodily injury or property damage in or about the airport resulting from the services granted by the insured or his

b) Hangar Keeper’s Liability


This covers loss of or damage to the aircraft or its equipment whilst the aircraft is on the ground, in the care and custody of the insured or under

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

.Author(s): Paul S. Dempsey, A.B.J., J.D., LL.M., D.C.L

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

An In-Depth Look at All Areas of Aviation Liability

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

Answers to Your Important Questions


How is liability apportioned among tortfeasors subject to different•
?liability regimes
When may a court refuse to hear a case on grounds that another•
?forum is more convenient
?Which rules of liability apply to which defendants•
What are the different liability regimes under the various•
?conventions addressing international liability
What role does government accident investigation play in aviation•
?litigation
What are the practical dimensions of aviation insurance and the•
?role of insurers in aviation litigation
Hard-to-Find Materials to Simplify Your Research
Comprehensive compilation of all relevant international aviation•
liability conventions, plus comparative tables of provisions under
the various treaty regimes
Relevant European Union and United States regulations addressing•
aviation liability
An Invaluable Reference For
Plaintiff counsel seeking analysis of procedures, processes,•
jurisprudence; rules of domestic and international liability;
elements of proof; and recoverable damages
Defence and insurance counsel who will benefit from•
understanding substantive and procedural defences, the limitations
on liability, and the practical role of insurance in litigation
Government officials in air transport ministries who need to•
be aware of the liability facing government institutions that provide
air navigation services, and who need to understand the proper role
of accident investigations
Law students and libraries who need a comprehensive, timely•
resource on aviation law globally

Carol Ronan-Heath, MRAeS


Legal Adviser at Emirates
United Arab Emirates
Airlines/Aviation
Current
Legal Adviser at Emirates•
Past
Solicitor at Gates and Partners•
Legal Assistant at DLA Piper•
Paralegal at IATA•
...see all
Education
Universiteit Leiden•
(College of Law (London Store Street•
Keele University•
Connections
connections 129
Public Profile
http://ae.linkedin.com/in/carolronanheath
Sh•

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