LIMITATION OF LIABILITY CLAUSE
(JOINT INSUREDS)
Notwithstanding
the inclusion herein of more than one Insured, whether by endorsement or
otherwise, the total liability of the Insurers in respect of any or all
Insureds shall not exceed the limit(s) of liability stated in this Policy.
AVN 14 1.10.96
FULL PREMIUM
IN THE EVENT OF A CLAIM EXCEEDING PREMIUM
PAID
It is understood and agreed that in the
event of a claim arising hereunder which exceeds the premium paid the balance
of the Full Annual Premium of ___________________
shall become due and payable forthwith.
AVN 9 1.10.96
PREMIUM PAYMENT CLAUSE
1) It is understood and agreed that the
premium due at the inception of this Policy shall be payable in the following
instalments:
2) In the event of a claim hereunder which
exceeds the instalments of premium paid on this Policy, the instalments of
premium then outstanding shall become payable forthwith.
3) Notwithstanding any cancellation provision
contained within the Policy, in the event that an instalment of premium is not
paid by its due date Insurers shall have the right to terminate the cover
afforded by the Policy to the Insured and any other party(ies) protected
thereby, whether by endorsement or otherwise, by the giving of not less than
Thirty (30) days notice in writing to the Appointed Broker. Notice shall be
deemed to commence from the date such notice is given by the Insurers.
Appointed Broker:
AVN 6A 17.10.96
It is hereby
understood and agreed that the premium shall be paid in the following
instalments:-
Nevertheless it is
further understood and agreed that:-
Notwithstanding any provision
as to notice of cancellation contained in this Policy, it is a condition that
in the event of any instalment not being paid by its due date the cover
afforded by this Policy shall be deemed to have ceased at
In the event of a claim hereunder which exceeds the instalments of
premium paid on this Policy the instalments of premium then outstanding shall
become payable forthwith.
AVN 5A 9.10.74
COMPONENT PARTS CLAUSE
It is understood
and agreed that in the event of loss or damage to any Component Part of the
Aircraft detailed below Insurers' liability shall not exceed the percentage of
the total value of the Aircraft as shown in the Policy Schedule relating to
that Component Part as shown on the Scale attached to this Clause. Such percentage shall include the cost of
labour, material, replacement part, transportation and other incidental charges
incurred in reinstating such loss or damage but the cost of transportation
shall not exceed 15 per cent of the total value set against the Component Part.
The Insurers will
in addition pay the cost of dismantling, inspecting, reassembling and
transportation of undamaged parts as may be necessary and the test flying of
the Aircraft up to 5 per cent of any admitted claim hereunder but not exceeding
2 per cent of the value of the Aircraft as stated in the Policy Schedule. Provided always that the total liability of the
Insurers shall not exceed the value of the Aircraft as stated in the Policy
Schedule.
In the event that
a Component Part is no longer available the liability of the Insurers shall be
limited to the percentage values as detailed on the attached Scale or the
manufacturer's last published list price for such Component Part whichever is
the lesser.
It is
understood and agreed that, except as specifically provided in the foregoing to
the contrary, this Clause is subject to the terms, exclusions, conditions and
limitations of the Policy to which it is attached.
Aircraft
................................................................. Registration ..............................
AVN 4A 4.2.02
SPECIMEN
Aircraft .............................………………………… Registration ……….....................
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SPECIFIED COMPONENT |
QUANTITY |
PERCENTAGE OF AIRCRAFT VALUE |
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EACH |
ALL |
AVN
4A 4.2.02
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Headings
and marginal captions are inserted for the purpose of convenient reference
only and are not to be deemed part of this Policy. Certain
words and phrases used in this Policy have special meanings which can be
found in Section IV(D) Definitions. The Insurers agree to insure against
loss, damage or liability, arising out of an Accident occurring during the
Period of Insurance to the extent and in the manner provided in this Policy. |
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SECTION I LOSS OF OR DAMAGE TO AIRCRAFT |
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1. Coverage |
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(a) The Insurers will at their option pay
for, replace or repair, accidental loss of or damage to the Aircraft
described in the Schedule arising from the risks covered, including
disappearance if the Aircraft is unreported for sixty days after the
commencement of Flight, but not exceeding the Amount Insured as specified in
Part 2(5) of the Schedule and subject to the amounts to be deducted specified
in Condition 3(c). (b) If
the Aircraft is insured hereby for the risks of Flight, the Insurers will, in
addition, pay reasonable emergency expenses necessarily incurred by the
Insured for the immediate safety of the Aircraft consequent upon damage or
forced landing, up to 10 per cent of the Amount Insured as specified in Part
2(5) of the Schedule. |
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2. Exclusions applicable to this Section
only |
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The Insurers shall not be liable for |
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Wear and Tear, Breakdown |
(a) wear and tear, deterioration, breakdown,
defect or failure howsoever caused in any Unit of the Aircraft and the
consequences thereof within such Unit; (b) damage to any Unit by anything which has
a progressive or cumulative effect but damage attributable to a single
recorded incident is covered under paragraph 1(a) above. HOWEVER accidental loss of or damage to the Aircraft
consequent upon 2(a) or (b) above is covered under paragraph 1(a) above. |
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3. Conditions
applicable to this Section only |
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Dismantling Transport and Repairs |
(a) If the Aircraft is damaged (i) no
dismantling or repairs shall be commenced without the consent of the Insurers
except whatever is necessary in the interests of safety, or to prevent
further damage, or to comply with orders issued by the appropriate authority; (ii) the
Insurers will pay only for repairs and transport of labour and materials by
the most economical method unless the Insurers agree otherwise with the
Insured. |
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AVN
1C 21.12.98 |
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Payment or If
the Insurers exercise their option to pay for or replace the Aircraft Replacement |
(b) If the Insurers exercise their option to
pay for or replace the Aircraft |
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(i)
the Insurers may take the Aircraft
(together with all documents of record, registration and title thereto) as
salvage; (ii)
the cover afforded by this Section is
terminated in respect of the Aircraft even if the Aircraft is retained by the
Insured for valuable consideration or otherwise; (iii)
the replacement aircraft shall be of
the same make and type and in reasonably like condition unless otherwise
agreed with the Insured. |
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Amounts to be Deducted from the Claim |
(c) Except where the Insurers exercise their
option to pay for or replace the Aircraft, there shall be deducted from the
claim under paragraph 1(a) of this the Section (i) the amount specified in Part 6(B) of the
Schedule and (ii) such
proportion of the Overhaul Cost of any Unit repaired or replaced as the used
time bears to the Overhaul Life of the Unit. |
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No Abandonment |
(d) Unless the Insurers elect to take the
Aircraft as salvage the Aircraft shall at all times remain the property of
the Insured who shall have no right of abandonment to the Insurers. |
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Other Insurance |
(e)
(No claim shall be payable under this
Section if other insurance which is payable in consequence of loss or damage
covered under this Section has been or shall be effected by or on behalf of
the Insured without the knowledge or consent of the Insurers. See
also Section IV |
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SECTION II
LEGAL LIABILITY TO THIRD PARTIES (OTHER THAN PASSENGERS) |
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1. Coverage |
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The
Insurers will indemnify the Insured for all sums which the Insured shall
become legally liable to pay, and shall pay, as compensatory damages
(including costs awarded against the Insured) in respect of accidental bodily
injury (fatal or otherwise) and accidental damage to property caused by the
Aircraft or by any person or object falling therefrom. |
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2. Exclusions
applicable to this Section only |
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The
Insurers shall not be liable for |
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Employees and Others |
(a) injury
(fatal or otherwise) or loss sustained by any director or employee of the
Insured or partner in the Insured's business whilst acting in the course of
his employment with or duties for the Insured |
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Operational Crew |
(b) injury
(fatal or otherwise) or loss sustained by any member of the flight, cabin or other crew whilst engaged in
the operation of the Aircraft; |
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Passengers |
(c) injury
(fatal or otherwise) or loss sustained by any passenger whilst entering, on board, or alighting from
the Aircraft; |
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Property |
(d) loss of or damage to any property
belonging to or in the care, custody or control of the Insured; |
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Noise and
Pollution and Other Perils |
(e)
claims excluded by the attached Noise
and Pollution and Other Perils Pollution and Exclusion Clause. |
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3. Limit
of Indemnity applicable to this Section |
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The
liability of the Insurers under this Section shall not exceed the amount
stated in Part 6(C) of the Schedule, less any amounts under Part 6(B). The Insurers will defray in addition any
legal costs and expenses incurred with their written consent in defending any
action which may be brought against the Insured in respect of any claim for
compensatory damages covered by this Section, but should the amount paid or
awarded in settlement of such claim exceed the Limit of Indemnity then the
liability of the Insurers in respect of such legal costs and expenses shall
be limited to such proportion of the said legal costs and expenses as the
Limit of Indemnity bears to the amount paid for compensatory damages. See also Section IV |
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SECTION III LEGAL LIABILITY TO PASSENGERS |
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1. Coverage |
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The Insurers will indemnify the
Insured in respect of all sums which the Insured shall become legally liable
to pay, and shall pay, as compensatory damages (including costs awarded
against the Insured) in respect of (a) accidental
bodily injury (fatal or otherwise) to passengers whilst entering, on board,
or alighting from the Aircraft and (b) loss of or damage to baggage and personal
articles of passengers arising out of an Accident to the Aircraft. Provided
always that |
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Documentary Precautions |
(i) before a passenger boards the Aircraft
the Insured shall take such measures as are necessary to exclude or limit
liability for claims under (a) and (b) above to the extent permitted by law; (ii) if the measures referred to in proviso
(i) above include the issue of a passenger ticket/baggage check, the same
shall be delivered correctly completed to the passenger a reasonable time
before the passenger boards the Aircraft. |
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Effect of Non- Compliance |
In
the event of failure to comply with proviso (i) or (ii) the liability of the
Insurers under this Section shall not exceed the amount of the legal
liability, if any, that would have existed had the proviso been complied
with. |
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2. Exclusions applicable to this Section |
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The
Insurers shall not be liable for injury (fatal or otherwise) or loss
sustained by any |
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Employees and Others |
(a) director or employee of the Insured or
partner in the Insured's business whilst acting in the course of his
employment with or duties for the Insured; |
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Operational Crew |
(b)
member of the flight, cabin or other
crew whilst engaged in the operation of the Aircraft. |
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3. Limits of Indemnity applicable to this
Section |
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The
liability of the Insurers under this Section shall not exceed the amounts
stated in Part 6(C) of the Schedule, less any amounts under Part 6(B). The Insurers will defray in addition any
legal costs and expenses incurred with their written consent in defending any
action which may be brought against the Insured in respect of any claim for
compensatory damages covered by this Section, but should the amount paid or
awarded in settlement of such claim exceed the Limit of Indemnity then the
liability of the Insurers in respect of such legal costs and expenses shall
be limited to such proportion of the said legal costs and expenses as the Limit
of Indemnity bears to the amount paid for compensatory damages. See
also Section IV |
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SECTION IV
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(A) GENERAL
EXCLUSIONS APPLICABLE TO ALL SECTIONS
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This Policy does not apply:- |
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Illegal Uses |
1. Whilst
the Aircraft is being used for any illegal purpose or for any purpose other
than those stated in Part 3 of the Schedule and as defined in the Definitions. |
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Geographical Limits |
2. Whilst
the Aircraft is outside the geographical limits stated in Part 5 of the
Limits Schedule unless due to force majeure |
|
Pilots |
3. Whilst
the Aircraft is being piloted by any person other than as stated in Part 4 of
the Schedule except that the Aircraft may be operated on the ground by any person competent for
that purpose. |
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Transportation by Other Conveyance |
4. Whilst
the Aircraft is being transported by any means of conveyance except by Other
as the result of an Accident giving rise to a claim under Section I of this
Policy. |
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Landing and Take-off Areas |
5. Whilst
the Aircraft is landing on or taking off or attempting to do so from a place
which does not comply with the recommendations laid down by the manufacturer
of the Aircraft except as a result of force majeure. |
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Contractual Liability |
6. To
liability assumed or rights waived by the Insured under any agreement (other
than a passenger ticket/baggage check issued under Section III hereof) except
to the extent that such liability would have attached to the Insured in the
absence of such agreement. |
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Number of Passengers |
7. Whilst
the total number of passengers being carried in the Aircraft exceeds the
declared maximum number of passengers stated in Part 2(4) of the Schedule. |
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Non- Contribution |
8. To
claims which are payable under any other policy or policies except in respect
of any excess beyond the amount which would have been payable under such
other policy or policies had this Policy not been effected. |
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Nuclear Risks |
9. To
claims excluded by the attached Nuclear Risks Exclusion Clause. |
War, Hijacking And Other Perils |
10. To claims caused by (a) War,
invasion, acts of foreign enemies, hostilities (whether war be declared or
not), civil war, rebellion, revolution, insurrection, martial law, military
or usurped power or attempts at usurpation of power. (b) Any
hostile detonation of any weapon of war employing atomic or nuclear fission
and/or fusion or other like reaction or radioactive force or matter. (c) Strikes, riots, civil commotions or
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). |
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(B) CONDITIONS PRECEDENT APPLICABLE TO ALL
SECTIONS |
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|
It
is necessary that the Insured observes and fulfils the following Conditions
before the Insurers have any liability to make any payment under this Policy. |
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Due Diligence |
1. The
Insured shall at all times use due diligence and do and concur in doing
everything reasonably practicable to avoid accidents and to avoid or diminish
any loss hereon. |
|
Compliance with Air Navigation Orders, etc. |
2. The
Insured shall comply with all air navigation and airworthiness orders and
requirements issued by any competent authority affecting the safe operation
of the Aircraft and shall ensure that (a) the
Aircraft is airworthy at the commencement of each Flight; (b) all
Log Books and other records in connection with the Aircraft which are
required by any official regulations in force from time to time shall be kept
up to date and shall be produced to the Insurers or their agents on request; (c) the
employees and agents of the Insured comply with such orders and requirements. |
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Claims Procedure |
3. Immediate
notice of any event likely to give rise to a claim under this Policy shall be
given as stated in Part 8 of the Schedule.
In all cases the Insured shall (a) furnish
full particulars in writing of such event and forward immediately notice of
any claim with any letters or documents relating thereto; (b) give
notice of any impending prosecution; (c) render
such further information and assistance as the Insurers may reasonably
require; (d) not act
in any way to the detriment or prejudice of the interest of the Insurers. The
Insured shall not make any admission of liability or payment or offer or
promise of payment without the written consent of the Insurers. |
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(C) GENERAL CONDITIONS APPLICABLE TO ALL
SECTIONS
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|
Claims Control |
1. The Insurers shall be entitled (if they
so elect) at any time and for so long as they desire to take absolute control
of all negotiations and proceedings and in the name of the Insured to settle,
defend or pursue any claim. |
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Subrogation |
2. Upon an indemnity being given or a
payment being made by the Insurers under this Policy, they shall be
subrogated to the rights and remedies of the Insured who shall co-operate
with and do all things necessary to assist the Insurers to exercise such
rights and remedies. |
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Variation in Risk |
3. Should there be any change in the
circumstances or nature of the risks which Risk 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. |
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Cancellation |
4. This Policy may be cancelled by either the
Insurers or the Insured giving 10 days notice in writing of such
cancellation. If cancelled by the
Insurers they will return a pro rata portion of the premium in respect of the
unexpired period of the Policy. If
cancelled by the Insured a return of premium shall be at the discretion of
the Insurers. There will be no return
of premium in respect of any Aircraft on which a loss is paid or is payable
under this Policy. |
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Assignment |
5. This Policy shall not be assigned in
whole or in part except with the consent of the Insurers verified by
endorsement hereon. |
|
Not Marine Insurance |
6. This Policy is not and the parties hereto
expressly agree that it shall not be construed
as a policy of marine insurance. |
|
Arbitration |
7. This Policy shall be construed in accordance
with English Law and any dispute or difference between the Insured and the
Insurers shall be submitted to arbitration in |
|
Two or More Aircraft |
8. When two or more Aircraft are insured
hereunder the terms of this Policy apply separately to each. |
|
Limit(s) of Indemnity |
9. Notwithstanding the inclusion herein of
more than one Insured, whether by endorsement or otherwise, the total
liability of the Insurers in respect of any or all Insureds shall not exceed
the Limit(s) of Indemnity stated in this Policy. |
|
False and Fraudulent Claims |
10. If the Insured shall make any claim
knowing the same to be false or fraudulent as regards amount or otherwise
this Policy shall become void and all claims hereunder shall be forfeited. |
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(D) DEFINITIONS |
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|
1. "ACCIDENT" means any one
accident or series of accidents arising out of one event. 2. "UNIT" means a part or an
assembly of parts (including any sub-assemblies) of the Aircraft which has
been assigned an Overhaul Life as a part or an assembly. Nevertheless, an engine complete with all
parts normally attached when removed for the purpose of overhaul or
replacement shall together constitute a single Unit. 3. "OVERHAUL LIFE" means the
amount of use, or operational and/or calendar time which, according to the
Airworthiness Authority, determines when overhaul or replacement of a Unit is
required. 4. “OVERHAUL COST" means the costs of
labour and materials which are or would be incurred in overhaul or
replacement (whichever is necessary) at the end of the Overhaul Life of the
damaged or a similar Unit. 5. "PRIVATE PLEASURE" means use
for private and pleasure purposes but NOT use for any business or profession
nor for hire or reward. 6. "BUSINESS" means the uses
stated in Private Pleasure and use for business or professional purposes but
NOT use for hire or reward. 7. "COMMERCIAL" means the uses
stated in Private Pleasure and Business and use for the carriage by the Insured
of passengers, baggage accompanying passengers and cargo for hire or reward. 8. "RENTAL" means rental, lease,
charter or hire by the Insured to any person, company or organisation for
Private Pleasure and Business uses only, where the operation of the Aircraft
is not under the control of the Insured.
Rental for any other purpose is NOT insured under this Policy unless
specifically declared to Insurers and the detail of such use(s) stated in
Part 3 of the Schedule under SPECIAL RENTAL USES. Definitions
5, 6, 7 and 8 constitute Standard Uses and do not include instruction,
aerobatics, hunting, patrol, fire-fighting, the intentional dropping,
spraying or release of anything, any form of experimental or competitive
flying, and any other use involving abnormal hazard, but when cover is
provided details of such use(s) are stated in Part 3 of the Schedule under
SPECIAL USES. 9. "FLIGHT" means from the time
the Aircraft moves forward in taking off or attempting to take off, whilst in
the air, and until the Aircraft completes its landing run. A rotary-wing aircraft shall be deemed to
be in Flight when the rotors are in motion as a result of engine power, the
momentum generated therefrom, or autorotation. 10. "TAXIING" means movement of the
Aircraft under its own power other than in Flight as defined above. Taxiing shall not be deemed to cease merely
by reason of a temporary halting of the Aircraft. 11. "MOORED" means, in the case of
aircraft designed to land on water, whilst the Aircraft is afloat and is not in
Flight or Taxiing as defined above, and includes the risks of launching and
hauling up. 12. "GROUND" means whilst the
Aircraft is not in Flight or Taxiing or Moored as defined above. |
AVN
1C 21.12.98
SCHEDULE
|
PART 1 |
Policy No. |
Proposal dated |
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Name
of Insured Address |
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Period
of Insurance From
To |
both days inclusive |
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PART 2 |
Particulars
of Aircraft (1) Make & Type (Insert ‘’Land’’, ‘‘Sea’’, ‘‘Amphibian’’ or ‘‘Rotary-wing’’ as applicable) |
(2) Year of Manu- facture |
(3) Registration Marks |
(4) Declared Max.
No. of Passengers at any one time |
(5) Amount Insured |
(6) Risks
covered (Insert
‘‘Flight’’, ‘‘Taxiing’’, ‘‘Moored’’ , ‘‘Ground’’ , ‘‘Rotors in Motion’’,
‘‘Rotors not in Motion’’ as applicable) |
|
||
|
PART 3 |
Purpose of Use Standard
Uses (Insert ‘‘Private Pleasure’’, ‘‘Business’’, ‘‘Commercial’’, ‘‘Rental for
Private Pleasure and Business only’’ as applicable) |
Special
Uses |
Special Rental Uses |
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PART 4 |
Pilots |
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PART 5 |
Geographical Limits |
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AVN 1C
21.12.98
SCHEDULE - continued
|
PART 6 |
Limits
and Deductibles (Appropriate
boxes to be completed - others to be marked ‘‘not applicable’’) |
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(A) Policy
Section & Risk |
(B) Amounts
to be deducted |
(C) Limit
of Indemnity from which must be deducted
the amount in column (B) |
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|
|
I Loss of or damage to Aircraft listed in Part 2 above |
each
Accident |
See
Part 2 Column (5) |
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II Liability to Third Parties |
Bodily Injury NIL Damage to Property each
Accident |
Bodily Injury and Damage to Property - Combined each
Accident |
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III Liability to Passengers |
Bodily Injury NIL Baggage and Personal Articles each
person |
Bodily Injury each
person each
Aircraft/Accident Baggage and Personal Articles each
person each
Aircraft/Accident |
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II/III Combined Liability to Third Parties and Passengers - Combined |
Bodily Injury NIL Damage to Property each Accident Baggage and Personal Articles each person |
Bodily Injury and Damage to Property - Combined each Accident including Baggage and Personal Articles limited to each person each
Aircraft/Accident |
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|
PART 7 |
Premium |
Section I Section II Section III ------------------------------ TOTAL
------------------------------ |
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PART 8 |
Immediate notice of any
claim pursuant to General Condition 4 to be given to: |
||||
Dated in
