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AVN 14 LIMITATION OF LIABILITY CLAUSE (JOINT
INSUREDS) |
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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. |
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AVN 14 1.10.96 |
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
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 52C 1.10.96 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
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 51 1.10.96 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
AVN 51 1.10.96
AVN 47
1.10.96 NOISE COVERAGE POLICY
WE, the 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:-
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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 |
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As used herein: |
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‘‘Noise’’
includes vibration, sonic boom and any phenomena associated therewith. |
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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 |
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(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. |
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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 |
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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 |
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The Insured’s costs and expenses as aforesaid shall
not include wages or salary of directors, partners or employees of the
Insured. 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. |
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AVN 44
1.10.96 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 42
1.10.96 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 41A
4.2.02 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 38B
22.7.96 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 37B 10.10.02 Excess Aviation Liability Policy
Policy Schedule
From
To
The Insured’s legal
liability arising out of
as covered by and as
more fully set forth in the Primary Policy
(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
Primary Insurers
Policy Number
Limit
Underlying Excess
Insurers
Policy Number
Limit
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
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.
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
