AVN 30A 1.10.96 LONDON HELICOPTER INSURANCE POLICY

 

AVN 30A  1.10.96 LONDON HELICOPTER INSURANCE POLICY

(For all types of rotorcraft, herein referred to as ‘‘helicopter’’)

 

PROPOSAL FORM

 

 

Proposer’s Name (in full)..........................................................................

Any other name under which Proposer has operated or been associated with the operation of Helicopters

 

................................................................................................................

 

Address....................................................................................................

 

Business or Occupation............................................................................

 

DETAILS OF HELICOPTER(S) TO BE INSURED

 

AIRFRAME							ENGINE(S)
Make, Type & Series Number	Year of Con-struction	Date & No. of Current Licence or Airworthiness Certificate	Licensed Passenger Seating Capacity	Declared Passenger Seating Capacity for the Purpose of Insurance	Identification Marks	1. Number and Type 2. Make of Rotor   Blades

 

 

Price of Helicopter & Date of Purchase	Present Value of Helicopter	Details of Extra Equipment and Accessories, if any		Total Declared Value for the purpose of Insurance
(including Standard  Instruments and Equipment)		Details	Value

 

AVN 30A  1.10.96

AVN 29 1.10.96 MANUFACTURER AS ADDITIONAL INSURED

 

AVN 29  1.10.96 MANUFACTURER AS ADDITIONAL INSURED

 

      Agreed to include ..................................................... as an Additional Insured but only in so far as their interests arise as owners (in whole or in part) of the insured Aircraft.

 

      This agreement shall not operate to prejudice Insurers’ rights of recourse against .............…....................... as manufacturers, repairers, suppliers or servicing agents where such rights of recourse would have existed had this endorsement not been effected under this Policy.

 

AVN 29  1.10.96

AVN 28B 17.10.96 AIRCRAFT FINANCIAL INTEREST ENDORSEMENT

 

AVN 28B  17.10.96 AIRCRAFT FINANCIAL INTEREST ENDORSEMENT

 

It is noted that the Party named in the Schedule hereto has a financial interest in the Aircraft under the Agreement. Accordingly, with respect to losses occurring during the period from the Effective Date of this Endorsement until the expiry of the Insurance or until the satisfaction of the obligations under the Agreement, whichever shall first occur, in respect of the interest of the Party and in consideration of an Additional Premium IT IS UNDERSTOOD AND AGREED THAT:

 

1.       The insurance afforded by this Policy for loss of or physical damage to the insured Aircraft shall not be invalidated as regards the interest of the Party by any act or omission by the Insured which results in a breach of any term, condition or warranty of the Policy PROVIDED THAT the Party has not caused, contributed to or knowingly condoned the said act or omission. Nevertheless any change in title or ownership of the Aircraft, conversion, embezzlement or secretion by the Insured in possession of the Aircraft is not covered hereunder.

 

2.       The protection afforded to the Party by the terms of this Endorsement shall be limited to loss of or physical damage to the insured Aircraft and shall not exceed the Original Amount under the Agreement less any relevant Policy Deductible and less all matured Instalments paid or due prior to the accident giving rise to a loss hereunder.

 

3.       The Party shall notify the Insurers of any increase in hazard which comes to the Party’s attention and if agreed by the Insurers it shall be endorsed on the Policy, the Party agreeing to pay any additional required premium if the Insured fails to do so on demand of the Insurers.

 

4.       If the Insured fails to notify the Insurers as specified in the Policy Conditions of any event likely to give rise to a claim under the Policy, the Party shall do so immediately he becomes aware of the event in form and manner as prescribed by the Policy.

 

5.       Upon payment of any loss or claim to the Party, Insurers shall to the extent and in respect of such payment be subrogated to all legal and equitable rights of the Party. At the expense of Insurers the Party shall do whatever is necessary to assist the Insurers to exercise such rights.

 

6.       Except in respect of any provision for Cancellation or Automatic Termination specified in the Policy or any endorsement thereof, cover provided by this Endorsement may only be cancelled by Insurers giving 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. In the event of cancellation for non-payment of premium, the Party shall have the option to pay all outstanding premiums in respect of the Aircraft within the notice period.

 

EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE TERMS OF THIS ENDORSEMENT THE FINANCIAL INTEREST OF THE PARTY IS COVERED BY THE POLICY FOR LOSS OF OR PHYSICAL DAMAGE TO THE INSURED AIRCRAFT ONLY SUBJECT TO ALL TERMS, CONDITIONS, LIMITATIONS, WARRANTIES, EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.

 

         

 

SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT

 

1.       Aircraft:                                                Registration:

 

 

2.       Party (enter the name of the Party having a financial interest):

 

 

3.       Agreement (enter identifying details and date):

 

 

4.       The Original Amount under the Agreement:

 

          Payable in                                                           Instalments of

 

          the last Instalment being due

 

          The amount outstanding at the Effective Date of this Endorsement:

 

 

5.       Policy Deductible:

 

 

6.       Effective Date of this Endorsement:

 

 

7.       Additional Premium:

 

 

8.       Appointed Broker:

 

AVN 28B  17.10.96

AVN 26A 4.2.02 AIRCRAFT LAYING-UP RETURNS CLAUSE

 

 AVN 26A  4.2.02 AIRCRAFT LAYING-UP RETURNS CLAUSE

 

In the event of the Aircraft hereby insured being laid up, the Flight and Taxiing cover under all Sections of this Policy shall be suspended during the period of lay-up and credit under the Aircraft loss or physical damage Section of the Policy will be adjusted on expiry of the Policy subject to the following conditions:-

 

1.       Notice must be given to Insurers by the Insured prior to and upon termination of the lay-up.

 

2.       No return of premium shall be made

 

(a)     in respect of any period during which the Aircraft is laid up for maintenance, overhaul or repair;

 

(b)     unless the period of lay-up is of at least 30 consecutive days, but should the period defined in (a) occur during lay-up then the Insured shall be entitled to add the lay-up days prior to and subsequent to the period defined in (a) in computing the period of 30 days or more for which a return may be made;

 

(c)      if a claim in respect of the Aircraft concerned has been made on this Policy.

 

Subject always to the foregoing conditions the return shall be 75 per cent of pro rata of the difference between the annual Flight risk premium and the annual Ground risk premium (as agreed by the Insurers) for the actual period of lay-up as defined above.

 

In the event of the Aircraft being laid up for a period of 30 days or more, a part only of which attaches to this Policy and part to the renewal Policy, then this Policy shall return premium proportionately.

 

AVN 26A  4.2.02

AVN 25 1.10.96 CLAIMS CONTROL CLAUSE

 

AVN 25  1.10.96 CLAIMS CONTROL CLAUSE

 

      Notwithstanding anything herein contained to the contrary, it is a condition precedent to any liability under this Policy that

 

          (a)     the Reinsured shall, upon knowledge of any loss or losses which may give rise to a claim under this Policy, advise the Reinsurers thereof within 72 hours;

 

          (b)     the Reinsured shall furnish the Reinsurers with all information available respecting such loss or losses, and the Reinsurers shall have the right to appoint adjusters, assessors and/or surveyors and to control all negotiations, adjustments and settlements in connection with such loss or losses.

 

AVN 24 1.10.96 BURNING COSTS CLAUSE

 

AVN 24  1.10.96  BURNING COSTS CLAUSE

 

The Premium to be paid to Insurers hereon shall be calculated at a provisional Rate of       0000% per annum on the insured value of the Aircraft. As soon as practicable after the total claims (including claims expenses less salvages and/or refunds and/or recoveries) payable under this Policy are ascertained, the above mentioned Rate of         % shall be adjusted so that the total gross Premium under this Policy is equal to         % of the total claims (including claims expenses less salvages and/or refunds and/or recoveries) subject however to a minimum annual Rate of        % and a maximum annual Rate of          %.

 

AVN 24  1.10.96

 

UNLICENSED LANDING GROUND SUITABILITY CLAUSE AVN 23A 4.2.02

 UNLICENSED LANDING GROUND SUITABILITY CLAUSE AVN 23A  4.2.02

 

 

It is understood and agreed that the landing and taking off of the insured Aircraft by day on landing grounds other than licensed airfields are covered under this Policy.

 

Provided always that

 

(a)        the Insured and/or the pilot conducting the flight has obtained the permission of the owner or tenant of the land,

 

(b)        the Insured and/or the pilot conducting the flight has ascertained the suitability of the landing ground and has enquired from the landowner/tenant or from their authorised representative the condition of the landing ground at the expected time of arrival,

 

(c)        the pilot conducting the flight has surveyed the landing ground by flypast or overflight immediately prior to landing.

 

In the event of a claim being made under this Policy in respect of an Accident occurring during the use of such landing ground the onus of proving that (a) (b) and (c) above had been complied with shall rest entirely on the Insured.

 

AVN 23A  4.2.02

DEFICIT CLAUSE (THREE YEARS) AVN 22 1.10.96

 

DEFICIT CLAUSE (THREE YEARS) AVN 22  1.10.96

 

It is agreed that in the event of this contract showing a loss on the result of any one year, the total amount of such loss shall be debited to the Profit Account for the ensuing year or years, but no Profit Commission shall be considered as earned on any ensuing year or years until the previous loss has been balanced and a credit balance again restored. It being further understood and agreed that any such loss referred to above shall not be carried forward for more than three consecutive years.

 

AVN 22  1.10.96

CLAIMS CO-OPERATION CLAUSE - AVN 21 1.10.96

 

CLAIMS CO-OPERATION CLAUSE - AVN 21  1.10.96

 

 

Notwithstanding anything herein contained to the contrary, it is a condition precedent to any liability under this Policy that

 

          (a)     the Reinsured shall upon knowledge of any loss or losses which may give rise to a claim under this Policy advise the Reinsurers thereof within seven days;

 

          (b)     the Reinsured shall furnish the Reinsurers with all information available respecting such loss or losses and shall co-operate with the Reinsurers in the adjustment and settlement thereof.

 

AVN 21  1.10.96

LLOYD’S AIRCRAFT LIABILITY POLICY (U.S.A.) - AVN 20 1.11.64

 

LLOYD’S AIRCRAFT LIABILITY POLICY (U.S.A.) - AVN 20  1.11.64

 

 

 

 

................................................................................................................

WE, UNDERWRITERS AT LLOYD’S, London, agree with the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Declarations and subject to the limits of liability, Exclusions, Conditions and other Terms of this Policy.

 

INSURING AGREEMENTS

I        COVERAGE A—BODILY INJURY LIABILITY (EXCLUDING PASSENGERS)

          To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages, including damages for care and loss of services, because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, excluding any passenger, caused by an occurrence and arising out of the ownership, maintenance or use of the Aircraft.

 

COVERAGE B—PROPERTY DAMAGE LIABILITY

          To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by an occurrence and arising out of the ownership, maintenance or use of the Aircraft.

 

COVERAGE C—PASSENGER BODILY INJURY LIABILITY

          To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages, including damages for care and loss of services, because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any passenger, caused by an occurrence and arising out of the ownership, maintenance or use of the Aircraft.

 

COVERAGE D—SINGLE LIMIT—BODILY INJURY (INCLUDING PASSENGERS) AND PROPERTY DAMAGE LIABILITY

          To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages, including damages for care and loss of services, because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, and for damages because of injury to or destruction of property, including loss of use thereof, caused by an occurrence and arising out of the ownership, maintenance or use of the Aircraft.

 

COVERAGE E—SINGLE LIMIT—BODILY INJURY (EXCLUDING PASSENGERS) AND PROPERTY DAMAGE LIABILITY

          To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages, including damages for care and loss of services, because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, excluding any passenger, and for damages because of injury to or destruction of property, including loss of use thereof, caused by an occurrence and arising out of the ownership, maintenance or use of the Aircraft.

 

COVERAGE F—MEDICAL PAYMENTS

          To pay all reasonable expenses incurred within one year from the date of accident for necessary medical, surgical, ambulance, hospital, professional nursing and funeral services, to or for each person except the pilot or crew unless specifically stated as “included’’ in the Declarations, who sustains bodily injury, sickness or disease, caused by accident, while in, entering or alighting from the Aircraft if the Aircraft is being used by the Named Insured or with his permission.

 

AVN 20  1.11.64

ADDITIONS AND DELETIONS - AVN 19A 18.3.02

 

ADDITIONS AND DELETIONS - AVN 19A  18.3.02

(Combined)

 

1.       The insurance afforded by this Policy is automatically extended to include at pro rata additional premium further Aircraft added during the currency of this Policy provided such Aircraft are owned or operated by the Insured and are of the same type and value as Aircraft already covered hereunder and of no greater seating capacity.

 

2.       The inclusion of additional Aircraft of other types or different values or greater seating capacity shall be subject to special agreement and rating by Insurers prior to attachment.

 

3            Under the Aircraft loss or physical damage Section of this Policy Aircraft which have been sold or disposed of shall be deleted from this Policy and the Insured shall be entitled to pro rata return of premium provided no claim has arisen and become payable in respect of such Aircraft under the Aircraft loss or physical damage Section of this Policy and that this Policy is not cancelled by virtue of such deletion.

 

4.       Under the liability Section(s) of this Policy Aircraft which have been sold or disposed of shall be deleted from this Policy and the Insured shall be entitled to pro rata return of premium.

 

Provided always that

 

(i)      Notwithstanding the foregoing provisions for additions and deletions the premium in respect of each separate period of Flight risk insurance on any Aircraft covered during the currency of this Policy shall in no case be less than fifteen days' pro rata premium.

 

(ii)     In the event of a claim arising in respect of any Aircraft added hereto being settled on a total loss basis the full twelve months' Aircraft loss or physical damage premium shall be paid hereunder in respect of such Aircraft.

 

(iii)    Notice of the addition or deletion of any Aircraft under the provisions of Paragraphs 1, 3 and 4 respectively shall be given to the Insurers or their representatives in writing within ten days of attachment or deletion.

 

AVN 19A  18.3.02

ADDITIONS AND DELETIONS` AVN 17A 1.10.96

 

ADDITIONS AND DELETIONS`

(Applicable to Hulls only)

 

1.       The insurance afforded by this Policy is automatically extended to include at pro rata additional premium further Aircraft added during the currency of this Policy provided such Aircraft are owned or operated by the Insured and are of the same type and value as Aircraft already covered hereunder.

 

2.       The inclusion of additional Aircraft of other types or different values shall be subject to special agreement and rating by Insurers prior to attachment.

 

3.          Aircraft which have been sold or disposal of shall be deleted from this Policy and the Insured shall be entitled to pro rata return of premium provided no claim has arisen and become payable under this Policy in respect of such Aircraft, and that this Policy is not cancelled by virtue of such deletion.

 

ALWAYS PROVIDED THAT:-

(i)      Notwithstanding the foregoing provisions for additions and deletions the premium in respect of each separate period of Flight Risk Insurance on any Aircraft covered during the currency of this Policy shall in no case be less than fifteen days' pro rata premium.

 

(ii)     In the event of a claim arising in respect of any Aircraft added hereto being settled on a total loss basis the full twelve months' premium shall be paid hereunder in respect of such Aircraft.

 

(iii)    Notice of the addition or deletion of any Aircraft under the provisions of Paragraphs 1 and 3 respectively shall be given to the Insurers or their representatives in writing within ten days of attachment or deletion.

 

AVN 17A  1.10.96

LLOYD’S AIRCRAFT HULL POLICY (U.S.A.)

 

WE, UNDERWRITERS AT LLOYD’S, London, agree with the Insured, named in the Declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the Declarations and subject to the limits of liability, Exclusions, Conditions and other Terms of this Policy:-

 

INSURING AGREEMENTS

 

1.       COVERAGE A —FLIGHT, TAXYING, ON THE GROUND OR MOORED

To pay for direct physical loss of or damage to the Aircraft including disappearance if the Aircraft is unreported for sixty (60) days after the commencement of flight but only for the amount of each separate loss less the applicable deductible stated in Item 3 of the Declarations.

 

2.       COVERAGE B—TAXYING, ON THE GROUND OR MOORED

To pay for direct physical loss of or damage to the Aircraft while not in flight but only for the amount of each separate loss less the applicable deductible stated in Item 3 of the Declarations.

 

3.       COVERAGE C—ON THE GROUND OR MOORED

To pay for direct physical loss of or damage to the Aircraft while not in flight or taxying but only for the amount of each separate loss less the applicable deductible stated in Item 3 of the Declarations.

 

4.       POLICY PERIOD, TERRITORY, PURPOSES OF USE

This Policy applies only to direct physical loss of or damage to the Aircraft which is sustained during the Policy period while the Aircraft is within the Continental limits of the United States of America (excluding Alaska), Canada, or the Republic of Mexico, or is being transported between ports thereof, and is owned, maintained and used for the purpose stated as applicable thereto in the Declarations.

 

5.       TWO OR MORE AIRCRAFT

When two or more Aircraft are insured hereunder the terms of this Policy shall apply separately to each.

 

EXCLUSIONS

 

THIS POLICY DOES NOT APPLY:-

(a)     to loss of use, depreciation, or deterioration; nor to any damage which is due and confined to wear and tear, freezing, mechanical, structural, electrical, hydraulic or pneumatic breakdown or failure, but this exclusion shall not apply to (1) other loss or damage covered by this Policy resulting from such wear and tear, freezing, mechanical, structural, electrical, hydraulic or pneumatic breakdown, (2) such loss or damage by wear and tear, freezing, mechanical, structural, electrical, hydraulic or pneumatic breakdown or failure which results directly from other loss covered by this Policy.

 

AVN 16  6.11.56

 

AVN 14 1.10.96 LIMITATION OF LIABILITY CLAUSE (JOINT INSUREDS)

 

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

 

AVN 9 1.10.96 FULL PREMIUM IN THE EVENT OF A CLAIM EXCEEDING PREMIUM PAID

 

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

 

FULL PREMIUM IF LOST

 

It is understood and agreed that in the event of a claim arising hereunder adjustable on the basis of a Total Loss the Full Annual Premium of                                                                                                                             , less the amount of premium already paid, shall become due and payable forthwith.

 

AVN 8  1.10.96

 

AVN 6A 17.10.96 PREMIUM PAYMENT CLAUSE

 

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

AVN 5A 9.10.74 DEFERRED PREMIUMS

 

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 midnight of such due date.

 

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

AVN 4A 4.2.02 COMPONENT PARTS CLAUSE

 

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  ……….....................

SCALE

 

SPECIFIED COMPONENT	QUANTITY	PERCENTAGE OF AIRCRAFT VALUE
		EACH	ALL

 

AVN 4A 4.2.02