(September 2023)
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Aviation insurance is written by a small group of specialty
insurance carriers, so the basic coverage forms are not standardized.
Naturally, no standardization exists for the supplemental forms that are used
to modify aircraft and aviation policies. While we are unable to supply
standard form number references, we can offer some information on typical
situations that are the basis of coverage modification in this line of business.
Note: This brief
list is not comprehensive. It is meant merely to share information on some
coverage form options that are available for various contracts such as:
Airline Finance/Lease
Contract Endorsement
Optional coverage which adds protection to parties who have
extended loans that financed the purchase of the insured aircraft or parties
from whom the aircraft is leased. It protects the listed party up to that party’s
financial interest that exists at the time of a loss.
Aviation Products
Contractual Liability Endorsement
A coverage option which protects an insured against loss
involving obligations to handle losses that are assumed under a written
agreement. The insurer must be provided with full details of such agreements.
However, it does not cover agreements made prior to the applicable policy
effective date, nor does it act as a warranty for the insured’s products or
services. The form also obligates the insured to agree to report as requested.
Breach of Warranty
Endorsement
A coverage option which protects a lienholder’s financial
interest in an insured aircraft in instances where the policyholder has had a
loss during a breach of a policy provision.
Note: This form
usually gives the insurer the right to then subrogate against the policyholder.
Cargo Legal Liability
Endorsement
Optional coverage that protects insureds against legal
liability for damage or loss involving cargo that is handled and transported by
the insured via covered aircraft.
Note: The
insured’s level of responsibility for cargo is, typically, defined
contractually.
Civil Air Patrol
(CAP) Endorsement
Optional coverage that protects the insured against legal
liability for certain activities connected with membership in the CAP, such as
piloting emergency transport, search and rescue, or disaster relief missions.
Drone Endorsement
Adds property and liability protection against loss
involving damaging property of others or injuring other persons while operating
a drone.
Employer's Additional
Insured Endorsement
Adds an insured pilot's employer as an additional insured
under the aircraft policy.
Fellow Employee
Coverage
In those instances where an aviation policy excludes
coverage involving loss caused to an employee by another employee, this option
adds that coverage back.
Note: The
availability of this buyback protection varies significantly by carrier.
Flight Instructor's
Liability Coverage
Liability coverage for loss arising from a pilot's teaching
activities.
Guest Voluntary
Settlement
Provides a pre-set payment for loss or injury to specified
body parts/limbs that occur due to an aviation-related accident. However, the
coverage is available only in exchange when the injured party waives any right
to file a lawsuit for their injuries.
Loss of License
Coverage
Protection against loss of earnings caused by an insured’s
inability to pilot a covered aircraft due to losing pilot license after failing
a medical examination.
Loss of Use Coverage
Business interruption coverage that reimburses insured for
earnings loss due to aircraft’s unavailability during time needed to repair or
replace it after a covered accident occurs.
Non-owned Aircraft
Liability
Liability coverage against loss involving the insured's
operation of an aircraft owned by another entity.
Note: It is
generally best to handle this significant exposure under a separate, non-owned
aircraft liability policy.
Non-owned
Covers an insured for his or her negligence in
causing damage to a non-owned aircraft while he or she is operating that
aircraft.
Pollution Liability
Coverage
Liability coverage against certain incidents of cost or
expense caused by accidental release of pollutants.
Property Damage to
Spacecraft
This products hazard form pays for a legal obligation to
respond to damage or destruction of a third party’s spacecraft products that
have been finished by or are being worked upon by an insured. Coverage also
extends to loss of use of such property.
Renter's Liability
Coverage
Liability coverage against loss involving the insured's
operation of an aircraft he or she rents/leases from another entity.
Right to Purchase the
Salvage
In instances where a loss to an aircraft is settled as,
essentially, a total loss. This option gives the insured the right to buy the
aircraft back as salvage property.
Road Traffic Accident
Liability Coverage
Liability coverage against loss caused to others (and
others’ property) arising out of an accident occurring on public/private
roadways.
Territorial Extensions
Applies to policies with operating territory limitations.
Such endorsements temporarily expand the permitted territory to provide
coverage for a given use of the insured aircraft.
Terrorism Coverage
Applies to liability and/or physical damage arising out of
aircraft’s exposure to acts of terrorism. Typically, such coverage is available
as part of a war risk endorsement.
War Risks Coverage
A package that combines war risk hull and war risk liability
protection.
War Risk
Physical damage coverage to an owned aircraft for loss to
that craft when the loss involves acts of war, terrorism, and similar causes
(such as hijacking).
War Risk Liability
Insurance
Third party liability coverage for operating an owned
aircraft for losses caused by that craft's operation which also involves acts
of war, terrorism, and similar causes (such as hijacking).