AVN 36 5.12 SPREADER CLAUSE ‘‘B’’

 

AVN 36  5.12 SPREADER CLAUSE ‘‘B’’

(FOR ATTACHMENT TO PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT)

 

      Notwithstanding anything contained herein to the contrary, it is understood and agreed that if in any Accident resulting in a claim under this insurance the number of passengers in the Aircraft exceeds the number stated in the Schedule forming part of the Passenger Voluntary Settlement Endorsement, then provided there is no violation of the limitations imposed by the Civil Aeronautics Authority and/or the Airworthiness Certificate as to seating capacity or maximum allowable gross weight, this insurance shall nevertheless remain effective, but the Limit of Settlement to be offered under the said Endorsement for death or loss of two limbs or loss of sight of two eyes or loss of one limb and loss of sight of one eye or permanent total disablement in respect of any passenger shall be calculated by dividing the ‘‘each Accident’’ limit stated in the said Endorsement by the total number of passengers in the Aircraft. The Limit of Settlement to be offered for loss of one limb or loss of sight of one eye shall also be reduced pro rata. Nevertheless this insurance shall be null and void in the event that the number of passengers carried in the Aircraft at the time of the accident exceeds that declared in the Policy.

 

      It is further 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.

 

AVN 36  5.12.61