INSTITUTE CARGO CLAUSES (A)
(Revised CL 19)
RISKS COVERED
1 This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 4, 5, 6 and 7 below.
2 This insurance covers general average and salvage charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice, incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4, 5, 6 and 7 or elsewhere in this insurance.
3 This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreighment “Both to Blame Collision” Clause as is in respect of a loss recoverable hereunder. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right, at their own cost and expense, to defend the Assured against such claim.
EXCLUSIONS
4 In no case shall this insurance cover
4.1 loss damage or expense attributable to willful misconduct of the Assured
4.2 ordinary leakage, ordinary loss in weight or volume, or ordinary wear and tear of the subject-matter insured
4.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4.3 “packing” shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants)
4.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured
4.5 loss damage or expense proximately caused by delay, even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above)
4.6 loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel
4.7 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
5 5.1 In no case shall this insurance cover loss damage or expense arising from
unseaworthiness of vessel or craft,
unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured,
where the Assured or their servants are privy to such unseaworthiness or unfitness, at the time the subject-matter is loaded therein.
5.2 The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination, unless the Assured or their servants are privy to such unseaworthiness or unfitness.
6 In no case shall this insurance cover loss damage or expense caused by
6.1 war civil war revolution rebellion insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power
6.2 capture seizure arrest restraint or detainment (piracy excepted) and the consequences thereof or any attempt thereat
6.3 derelict mines torpedoes bombs or other derelict weapons of war.
7 In no case shall this insurance cover loss damage or expense
7.1 caused by strikers, locked-out workmen, or persons taking part in labour disturbances, riots or civil commotions
7.2 resulting from strikes, lock-outs, labour disturbances, riots or civil commotions
7.3 caused by any terrorist or any person acting from a political motive.
DURATION
8 8.1 This insurance attaches from the time the goods leave the warehouse or place of storage at the place named herein for the commencement of the transit, continues during the ordinary course of transit and terminates either
8.1.1 on delivery to the Consignees’ or other final warehouse or place of storage at the destination named herein,
8.1.2 on delivery to any other warehouse or place of storage, whether prior to or at the destination named herein, which the Assured elect to use either
8.1.2.1 for storage other than in the ordinary course of transit or
8.1.2.2 for allocation or distribution,
or
8.1.3 on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge,
whichever shall first occur.
8.2. If, after discharge overside from the oversea vessel at the final port of discharge, but prior to termination of this insurance, the goods are to be forwarded to a destination other than that to which they are insured hereunder, this insurance, whilst remaining subject to termination as provided for above, shall not extend beyond the commencement of transit to such other destination.
8.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 9 below) during delay beyond the control of the Assured, any deviation, forced discharge, reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.
9 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 8 above, then this insurance shall also terminate unless prompt notice is given to the underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the Underwriters, either
9.1 until the goods are sold and delivered at such port or place, or, unless otherwise specially agreed, until the expiry of 60 days after arrival of the goods hereby insured at such port or place, whichever shall first occur, or
9.2 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named herein or to any other destination, until terminated in accordance with the provisions of Clause 8 above.
10. Where, after attachment of this insurance, the destination is changed by the Assured, held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.
CLAIMS
11 11.1 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.
11.2 Subject to 11.1 above, the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance, notwithstanding that the loss occurred before the contract of insurance was concluded, unless the Assured were aware of the loss and the Underwriters were not.
12 Where, as a result of the operation of a risk covered by this insurance, the insured transit is terminated at a port or place other than that to which the subject-matter is covered under this insurance, the Underwriters will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured hereunder.
This Clause 12, which does not apply to general average or salvage charges, shall be subject to the exclusions contained in Clauses 4, 5, 6 and 7 above, and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants.
13 No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering, reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival.
14 14.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
14.2 Where this insurance is on Increased Value the following clause shall apply:
The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and affected on the cargo by the Assured, and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.
In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.
BENEFIT OF INSURANCE
15 This insurance shall not inure to the benefit of the carrier or other bailee.
MINIMISING LOSSES
16 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder
16.1 to take such measures as may be reasonable for the purpose of averting or minimizing such loss, and
16.2 to ensure that all rights against carriers, bailees or other third parties are properly preserved and exercised
and the Underwriters will, in addition to any loss recoverable hereunder, reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.
17 Measures taken by the Assured or the Underwriters with the object of saving, protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.
AVOIDANCE OF DELAY
18 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.
LAW AND PRACTICE
19 This insurance is subject to English law and practice as far as not in contradiction with Indonesian coercive law.
Note :
It is necessary for the Assured when they become aware of an event which is “held covered” under this insurance to give prompt notice to the underwriters and the right to such cover is dependent upon compliance with this obligation.
Risks Clause
General Average Clause
“Both to Blame Collision” Clause
General Exclusions Clause
Unseaworthiness and Unfitness Exclusions Clause
War Exclusion Clause
Strikes Exclusion Clause
Transit Clause
Termination of Contract of Carriage Clause
Change of Voyage Clause
Insurable Interest Clause
Forwarding Charges Clause
Constructive Total Loss Clause
Increased Value Clause
Not to Inure Clause
Duty of Assured Clause
Waiver Clause
Reasonable Despatch Clause
English Law and Practice Clause INSTITUTE CARGO CLAUSES (A)
(Revisi KL 19)
RISIKO YANG DIJAMIN
1. Asuransi ini menjamin segala kerugian atau kerusakan pada obyek yang diasuransikan kecuali terhadap risiko-risiko yang diatur pada Klausul 4, 5, 6 dan 7 dibawah.
2. Asuransi ini menjamin kerugian umum dan biaya penyelamatan, yang perhitungannya didasarkan dan ditentukan sesuai kontrak pengangkutan dan/atau ketentuan hukum dan praktek yang berlaku, yang timbul untuk menghindari atau yang berhubungan dengan hal-hal untuk menghindari kerugian oleh sebab apapun, kecuali yang dikecualikan dalam klausul 4, 5, 6 an 7 atau dimanapun tertera pada asuransi ini.
3. Asuransi ini diperluas untuk memberi ganti rugi kepada Tertanggung terhadap kerugian yang menjadi tanggung jawabnya dalam kontrak pengangkutan dibawah klausul “Tabrakan Kapal Dimana Keduanya Bersalah” jika kerugiannya dijamin. Dalam hal timbul klaim dari pemilik kapal berdasarkan Klausul tersebut, Tertanggung setuju memberitahu Penanggung dimana Penanggung berhak untuk mempertahankan diri dengan biaya yang menjadi tanggungannya, untuk membela Tertanggung terhadap klaim demikian.
PENGECUALIAN
4. Dalam hal apapun asuransi ini tidak menjamin :
4.1 kerugian kerusakan atau biaya yang diakibatkan oleh kesalahan yang disengaja oleh Tertanggung
4.2 kebocoran yang wajar, berkurangnya berat atau volume yang wajar, atau keausan yang wajar dari obyek yang diasuransikan
4.3 kerugian kerusakan atau biaya yang disebabkan oleh tidak memadainya atau tidak sesuainya pembungkus atau penyiapan obyek yang diasuransikan (untuk keperluan Klausul 4.3 ini, “pembungkus” dianggap termasuk penyusunan barang didalam kontainer atau mobil box , tetapi hanya jika penyusunan tersebut dilakukan sebelum mulai berlakunya asuransi ini atau dilakukan oleh Tertanggung atau pegawainya)
4.4 kerugian kerusakan atau biaya yang disebabkan oleh kerusakan sendiri atau sifat alamiah obyek yang diasuransikan
4.5 kerugian kerusakan atau biaya yang secara proxima disebabkan oleh keterlambatan, walaupun keterlambatan itu disebabkan oleh risiko yang diasuransikan (kecuali biaya yang dapat dibayar berdasarkan Klausul 2 diatas)
4.6 kerugian kerusakan atau biaya yang timbul dari insolvensi atau kegagalan keuangan pemilik pengelola pencharter atau operator kapal
4.7 kerugian kerusakan atau biaya yang timbul dari pemakaian senjata perang apapun yang menggunakan tenaga atom atau fisi dan/atau fusi nuklir atau reaksi lain sejenisnya atau kekuatan atau bahan radio aktif
5 5.1 Dalam hal apapun asuransi ini tidak menjamin kerugian kerusakan atau biaya yang timbul dari
ketidak-laik lautan kapal atau perahu,
ketidak sempurnaan kapal perahu alat angkut kontainer atau mobil box untuk pengangkutan yang aman atas obyek yang diasuransikan,
dimana Tertanggung atau pegawainya mengetahui ketidak-laik lautan atau ketidak sempurnaan tersebut, pada saat obyek yang diasuransikan dimuat ke dalamnya
5.2 Penanggung mengabaikan setiap pelanggaran persyaratan yang tidak tertulis (implied warranty) mengenai kelaik-lautan kapal dan kesempurnaan kapal untuk mengangkut obyek yang diasuransikan ketempat tujuan, kecuali Tertanggung atau pegawainya mengetahui ketidak-laik lautan atau ketidak sempurnaan tersebut
6 Dalam hal apapun asuransi ini tidak menjamin kerugian kerusakan atau biaya yang disebabkan oleh :
6.1 perang perang saudara revolusi pemberontakan pembangkitan rakyat, atau kerusuhan sipil yang timbul daripadanya, atau tiap tindakan yang bersifat permusuhan oleh atau terhadap pihak yang berkuasa
6.2 perampasan penyitaan penangkapan pembatasan kebebasan atau penahanan (kecuali pembajakan) dan akibat dari padanya atau percobaan untuk melakukan hal tersebut
6.3 ranjau torpedo bom atau senjata perang lainnya yang tidak terurus lagi
7 Dalam hal apapun asuransi ini tidak menjamin kerugian kerusakan atau biaya
7.1 yang disebabkan oleh pemogok, pekerja yang terkena penghalangan bekerja, atau orang yang mengambil bagian dalam gangguan buruh, kerusuhan atau huru-hara
7.2 yang timbul dari pemogokan, penghalangan bekerja, gangguan buruh, kerusuhan atau huru-hara
7.3 yang disebabkan oleh teroris atau orang yang bertindak dengan motif politik.
BERLAKUNYA ASURANSI
8 8.1 Asuransi ini mulai berlaku sejak saat barang meninggalkan gudang atau tempat penyimpanan yang disebutkan dalam polis sebagai awal dimulainya perjalanan, berlaku terus selama perjalanan yang wajar dan berakhir pada
8.1.1 saat diserah-terimakan di gudang Penerima atau di gudang terakhir lain atau tempat penyimpanan ditempat tujuan yang telah disebutkan,
8.1.2 saat diserah terimakan di gudang atau tempat penyimpanan lain, baik sebelum atau di tempat tujuan yang telah disebutkan, yang dipilih Tertanggung baik digunakan
8.1.2.1 untuk penyimpanan diluar jalur perjalanan yang wajar, atau
8.1.2.2 untuk alokasi atau distribusi,
atau
8.1.3 saat berakhirnya waktu 60 hari setelah barang yang diasuransikan selesai dibongkar dari kapal di pelabuhan pembongkaran terakhir,
mana yang terlebih dahulu terjadi.
8.2 Jika, setelah dibongkar dari kapal di pelabuhan pembongkaran terakhir, tetapi sebelum berakhirnya asuransi ini, barang diteruskan ke tujuan lain dari yang telah diasuransikan, asuransi ini, dengan tetap tunduk pada ketentuan pengakhiran diatas, tidak akan diperluas selama perjalanan ketempat tujuan lain tersebut.
8.3 Asuransi ini tetap berlaku (dengan tunduk pada ketentuan pengakhiran tersebut diatas dan yang diatur pada Klausul 9 di bawah ini) selama terjadi keterlambatan di luar kontrol Tertanggung, setiap penyimpangan pelayaran, pembongkaran darurat, pengapalan kembali atau pemindahan ke kapal lain dan selama terjadi perubahan pelayaran yang timbul dari kebebasan pengangkut atau pencarter yang diatur dalam kontrak pengangkutan.
9 Jika dalam keadaan diluar kontrol Tertanggung baik kontrak pengangkutan diakhiri disuatu pelabuhan atau tempat lain selain tempat yang telah disebutkan atau pelayaran dihentikan sebelum barang diserah-terimakan sebagaimana diatur pada Klausul 8 diatas, maka asuransi ini juga berakhir kecuali pemberitahuan segera disampaikan kepada Penanggung dan kelanjutan jaminan diminta maka asuransi tetap berlaku, dengan ketentuan premi tambahan jika dikehendaki oleh Penanggung, baik
9.1 sampai barang dijual dan diserah-terimakan di pelabuhan atau tempat tersebut, atau, kecuali secara khusus disetujui lain, sampai berakhirnya jangka waktu 60 hari setelah barang yang diasuransikan tiba di pelabuhan atau tempat tersebut, mana yang terlebih dahulu terjadi, atau
9.2 jika barang diteruskan dalam jangka waktu 60 hari tersebut (atau perpanjangan yang disetujui) ke tempat tujuan yang telah disebutkan atau tempat tujuan lain, sampai berakhir sebagaimana diatur pada Klausul 8 diatas.
10 Bilamana, setelah berlakunya asuransi ini, tujuan dirubah oleh Tertanggung, jaminan tetap berlaku dengan premi dan persyaratan yang ditentukan, dengan ketentuan pemberitahuan segera disampaikan kepada Penanggung .
KLAIM
11 11.1 Agar dapat memperoleh ganti rugi dalam asuransi ini Tertanggung harus mempunyai kepentingan atas obyek yang diasuransikan pada saat terjadinya kerugian.
11.2 Dengan tunduk pada ketentuan 11.1 diatas, Tertanggung berhak mendapatkan ganti rugi atas kerugian yang diasuransikan yang terjadi selama jangka waktu yang diasuransikan, walaupun kerugian tersebut terjadi sebelum perjanjian asuransi disepakati, kecuali Tertanggung telah mengetahui adanya kerugian tersebut dan Penanggung tidak.
12 Bilamana, sebagai akibat dari risiko yang dijamin asuransi ini, perjalanan yang diasuransikan berakhir di suatu pelabuhan atau tempat lain selain dari tujuan dimana obyek bersangkutan diasuransikan, Penanggung akan mengganti kerugian Tertanggung atas setiap biaya tambahan yang layak dan wajar yang timbul dalam pembongkaran penimbunan dan penerusan obyek yang diasuransikan ke tempat tujuan yang diasuransikan.
Klausul 12 ini, yang tidak berlaku bagi kerugian umum dan biaya penyelamatan, tunduk pada pengecualian Klausul 4, 5, 6 dan 7 diatas, dan tidak termasuk biaya yang timbul dari kesalahan kelalaian insolvensi atau ketidak-mampuan keuangan Tertanggung atau pegawainya.
13 Tidak ada klaim untuk Kerugian Total Konstruktif akan dibayar kecuali obyek asuransi telah diabandon secara wajar baik dengan pertimbangan suatu Kerugian Total Nyata kelihatannya tidak dapat dihindarkan atau karena biaya memperoleh kembali, memperbaiki dan meneruskan obyek asuransi ke tempat tujuan yang diasuransikan akan melampaui nilainya di tempat tujuan.
14 14.1 Jika asuransi Kenaikan Harga diminta oleh Tertanggung atas barang yang diasuransikan harga barang yang disetujui dianggap dinaikkan ke total harga pertanggungan pada asuransi ini dan semua asuransi Kenaikan Harga yang menjamin kerugian, dan tanggung jawab pada asuransi ini akan sebanding antara harga pertanggungan terhadap total harga pertanggungan tersebut.
Dalam hal terjadi klaim, Tertanggung harus menyerahkan kepada Penanggung, bukti jumlah yang diasuransikan dari semua asuransi lainnya.
14.2 Bilamana asuransi ini atas Kenaikan Harga klausul berikut berlaku :
Harga barang yang telah disetujui dianggap sama dengan jumlah yang dipertanggungkan pada asuransi pokok dan semua asuransi kenaikan harga yang menutup kerugian dan yang diminta oleh Tertanggung atas barang, dan tanggung jawab pada asuransi ini akan sebanding antara harga pertanggungan terhadap total harga pertanggungan tersebut.
Dalam hal terjadi klaim Tertanggung harus menyerahkan kepada Penanggung, bukti jumlah yang diasuransikan dari semua asuransi lainnya.
MANFAAT ASURANSI
15 Asuransi ini tidak dapat dipakai untuk keuntungan pihak pengangkut atau pihak lain yang secara hukum bertanggung jawab atas barang.
MEMPERKECIL KERUGIAN
16 Merupakan kewajiban Tertanggung dan pegawainya dan agennya dalam hal terjadi kerugian yang dapat diganti
16.1 mengambil tindakan yang wajar dengan tujuan mencegah atau memperkecil kerugian, dan
16.2 menjamin bahwa semua hak tuntut terhadap pengangkut, pihak lain yang secara hukum bertanggung jawab atas barang atau pihak ketiga lainnya dilindungi dan dilaksanakan sebagaimana mestinya
dan Penanggung akan, sebagai tambahan atas suatu kerugian yang dapat dijamin dalam Polis ini, memberikan ganti rugi kepada Tertanggung atas biaya yang dikeluarkan secara layak dan wajar untuk memenuhi kewajiban tersebut.
17 Tindakan yang dilakukan Tertanggung atau Penanggung dengan tujuan mengamankan, melindungi atau memperoleh kembali obyek yang diasuransikan tidak dapat dianggap sebagai suatu penolakan atau penerimaan abandonmen atau hal lain yang merugikan hak dari masing-masing pihak.
PENCEGAHAN KETERLAMBATAN
18 Merupakan syarat dari asuransi ini bahwa Tertanggung harus bertindak dengan cepat dan wajar dalam setiap keadaan yang berada dalam kontrolnya.
HUKUM DAN PRAKTEK
19 Asuransi ini tunduk pada hukum dan praktek yang berlaku di Inggris sepanjang tidak bertentangan dengan hukum memaksa Indonesia.
Catatan :
Adalah penting bagi Tertanggung, bilamana ia mengetahui hal-hal yang termasuk sebagai “jaminan tetap berlaku” dibawah asuransi ini, memberikan laporan segera kepada Penanggung dan hak atas jaminan Penanggung tergantung pada pemenuhan kewajiban ini.
Terjemahan ini dibuat berdasarkan dokumen berbahasa Inggris.
Jika terdapat perbedaan penafsiran dalam versi Bahasa Indonesia ini, maka versi Bahasa Inggris yang akan dijadikan sebagai acuan.
Klausul Jaminan
Klausul Kerugian
Umum
Klausul Tabrakan Kapal Dimana Keduanya Bersalah
Klausul Pengecualian Umum
Klausul Pengecualian Ketidak-laikan dan Ketidak-sempurnaan
Klausul Pengecualian Perang
Klausul Pengecualian Pemogokan
Klausul
Perjalanan
Klausul Penghentian Kontrak Pengangkutan
Klausul Perubahan Perjalanan
Klausul Kepentingan Yang Dapat Diasuransikan
Klausul Biaya Meneruskan ke Tempat tujuan
Klausul Kerugian Total Konstruktif
Klausul Kenaikan Harga
Klausul Bukan Untuk Manfaat.
Klausul Kewajiban Tertanggung
Klausul Pengabaian
Klausul
Tindakan Cepat dan Wajar
Klausul Praktek dan Hukum Inggris
Friday, May 1, 2009
AVN 52G 17.10.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 service providers)
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 service providers)
AVN 52F 17.10.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 52F 17.10.01
(applicable to coverage provided to service providers)
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 52F 17.10.01
(applicable to coverage provided to service providers)
AVN 52E 20.9.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 aggregate 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 52E 20.9.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 aggregate 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 52E 20.9.01
AVN 52E 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
AVN 52E 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
AVN 52E 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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 12.12.01
AVN 52 D 19.9.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 aggregate 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 52D 19.9.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 aggregate 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 52D 19.9.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 52D 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 52D 12.12.01
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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.
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 52C 1.10.96
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 Canada and the United States of America unless caused by or arising out of the use of aircraft.
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 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.
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 52C 1.10.96
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
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 48B
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 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, 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.
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
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 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, 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.
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 47
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.
Coverage
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.
Insurers’
Option to Defend
(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:
Contribution to Insured’s costs and expenses
Insurers’ Contribution
= The total paid by Insurers as compensation in
Accordance with paragraph 1
The total paid by or on behalf of the Insured as compensation howsoever arising in respect of Aircraft Noise
x
The Insured’s costs and expenses as aforesaid
The Insured’s costs and expenses as aforesaid shall not include wages or salary of directors, partners or employees of the Insured.
AVN 47 1.10.96
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.
Insured’s Contribution
5. THIS POLICY DOES NOT APPLY
Exclusions
(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.
War, hi-jacking and other perils exclusions
(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, 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.
(h) The Aircraft being outside the control of the Insured by reason of a peril excluded by paragraphs (f) or (g).
7. (a) The Insured shall give immediate Notice to Insurers (as specified in Item 9 of the Schedule hereto) of the following:
Claims Procedure
(i) any claims covered by this Policy
(ii) any events, documents or communications likely to give rise to such claims
and, without any admission of liability, shall forthwith take such steps as may be reasonable and necessary to investigate, mitigate and defend claims and, unless Insurers exercise their Option, shall thereafter send to Insurers regular reports of progress in the aforesaid matters.
(b) The Insured shall not, without the consent of Insurers, compromise or settle any claim covered by Paragraph 1 or any such claim when combined with any uninsured claim.
(c) The Insured shall be responsible for
(i) The maintenance, and production for inspection by Insurers, of comprehensive and accurate records and accounts of all matters relevant to this Policy; in particular, if Insurers do not exercise their Option, the Insured shall maintain and produce such records and accounts as will enable Insurers to determine that part of any sums paid as compensation which is covered by Paragraph 1 and that proportion of the Insured’s costs and expenses which is covered by Paragraph 3.
(ii) Ensuring that employees, lawyers, adjusters and other agents of the Insured are given suitable instructions in relation to the maintenance and production of records and accounts as aforesaid.
8. WARRANTED that in relation to Warranty
(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.
9. (i) Insurers’ liability shall not exceed the limits specified in Item 8 of the Schedule hereto. General
Conditions
(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.
(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 London.
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) Manufacturer
(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
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.
Coverage
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.
Insurers’
Option to Defend
(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:
Contribution to Insured’s costs and expenses
Insurers’ Contribution
= The total paid by Insurers as compensation in
Accordance with paragraph 1
The total paid by or on behalf of the Insured as compensation howsoever arising in respect of Aircraft Noise
x
The Insured’s costs and expenses as aforesaid
The Insured’s costs and expenses as aforesaid shall not include wages or salary of directors, partners or employees of the Insured.
AVN 47 1.10.96
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.
Insured’s Contribution
5. THIS POLICY DOES NOT APPLY
Exclusions
(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.
War, hi-jacking and other perils exclusions
(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, 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.
(h) The Aircraft being outside the control of the Insured by reason of a peril excluded by paragraphs (f) or (g).
7. (a) The Insured shall give immediate Notice to Insurers (as specified in Item 9 of the Schedule hereto) of the following:
Claims Procedure
(i) any claims covered by this Policy
(ii) any events, documents or communications likely to give rise to such claims
and, without any admission of liability, shall forthwith take such steps as may be reasonable and necessary to investigate, mitigate and defend claims and, unless Insurers exercise their Option, shall thereafter send to Insurers regular reports of progress in the aforesaid matters.
(b) The Insured shall not, without the consent of Insurers, compromise or settle any claim covered by Paragraph 1 or any such claim when combined with any uninsured claim.
(c) The Insured shall be responsible for
(i) The maintenance, and production for inspection by Insurers, of comprehensive and accurate records and accounts of all matters relevant to this Policy; in particular, if Insurers do not exercise their Option, the Insured shall maintain and produce such records and accounts as will enable Insurers to determine that part of any sums paid as compensation which is covered by Paragraph 1 and that proportion of the Insured’s costs and expenses which is covered by Paragraph 3.
(ii) Ensuring that employees, lawyers, adjusters and other agents of the Insured are given suitable instructions in relation to the maintenance and production of records and accounts as aforesaid.
8. WARRANTED that in relation to Warranty
(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.
9. (i) Insurers’ liability shall not exceed the limits specified in Item 8 of the Schedule hereto. General
Conditions
(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.
(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 London.
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) Manufacturer
(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 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.
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.
4. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this Policy.
AVN 46B 1.10.96
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.
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.
4. 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 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
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 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
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 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
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 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 respects 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 emitters
Maximum permissible level of non-fixed radioactive surface contamination
(Averaged over 300 cm2)
Not exceeding 4 Becquerels/cm2
(10-4 microcuries/cm2)
Not exceeding 0.4 Becquerels/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
(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 respects 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 emitters
Maximum permissible level of non-fixed radioactive surface contamination
(Averaged over 300 cm2)
Not exceeding 4 Becquerels/cm2
(10-4 microcuries/cm2)
Not exceeding 0.4 Becquerels/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 37B
EXCESS AVIATION LIABILITY POLICY
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 England and Wales whose courts shall have exclusive jurisdiction in any dispute arising hereunder between the parties to this contract.
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.
AVN 37B 10.10.02
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
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 England and Wales whose courts shall have exclusive jurisdiction in any dispute arising hereunder between the parties to this contract.
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.
AVN 37B 10.10.02
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
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