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IMPORTANT ASPECTS TO CONSIDER HOW TO READ YOUR POLICY: Many people do not read their policy as they feel this is a responsibility or job of their Broker. The Broker however does not have a crystal ball, and often is not aware of activities or uses you may think you are covered for but in all events may well not be. Further negativity arises from the fact that many aircraft owners dont know what their policies say, and assume that they are covered for anything that may happen. The Basics: Each section (or coverage part) of the policy provisions typically begins with a fairly short statement of what the section does for you and then proceeds to list what it doesnt do for you. In addition, in the general exclusion section, there may be exclusions in each section of a policy which apply only to that part. It is therefore important to review the contract as a whole. Cover that may appear to be provided in one section may be an exclusion under a subsequent section by way of endorsement or exclusion. Policy Review/Checklist Check the policy schedule for accuracy
(Year/Make/Model/Registration)
Policy Provisions The aircraft policy is generally split into three sections; ie.
Section 1) Loss of or Damage to Aircraft Section 2) Legal Liability to Third Parties (other than passengers) This section covers third party "Property" Damage. It is not an automatic payout. The policy holder or insured, as the name implies, has to be legally "liable" before this section of the policy becomes effective. Accidental bodily injury or death of Third Parties also falls under the scope of the Accident/Rehabilitaion and Compensation Act (formally ACC0 explained below). General Terms and Conditions and Exclusions What are Geographical Limits of your policy? Premium payment conditions Policy cancellation provisions Various agreements between you and the Insurer? Which uses are approved and which are not? The loaning of your aircraft for remuneration is interpreted as Private Hire or Rental. Does your policy provide for such uses? Section 3) Legal Liability to Passengers In general terms, all incidents resulting in the death or personal injury to passengers is covered under the Accident/Rehabilitation and Compensation Act 1992 (ARCI or ACC as it used to be) and as such, there is no provisions for Claimants to issue proceedings in New Zealand Courts seeking compensation for death or personal injury. Accordingly, it is not a requirement to carry passenger legal liability insurance in respect of personal or bodily injury in New Zealand whether it be a privately owned aircraft or one operated on Air Transport, except where the carriage is a continuation of an International Ticket Coupon (which seldom if ever is applicable to non- scheduled GA aircraft or helicopters). Exemplary DamagesThe Accident Rehabilitation and Compensation Insurance Act 1992 (ARCI) however does not prevent claims for exemplary damages. Any claimant who has suffered harm may bring in action for exemplary damages on the basis that the defendant has acted in a way involving high-handed disregard of the claimants rights. A claimant needs to establish much more than negligence or incompetence. The type of conduct which will attract and award of exemplary damages would normally be regarded as outrageous or flagrant or highly reckless. Exemplary damages are not compensatory in nature. They are intended to punish highly improper behaviour. Exemplary damages are not covered under the standard aircraft policy. Most people get the same thrill out of reading an aviation insurance policy as having a root canal or a call from a CAA investigator. You can view the Lloyds policy wording right here which is the basis of most aircraft policies applicable in New Zealand. By taking the few minutes required to review your policy will either give you the peace of mind that you are properly insured or help determine the areas that are lacking. Either way you are in much better shape than those who wait for an accident to find out what theyve got. The definition section of the policy also contains important aspects of what is and what is not covered. A few samples of what you can learn follows:- Components Temporarily Removed Material damage coverage on the insured aircraft may also apply to aircraft components that are normally attached to but temporarily detached for overhaul, repair or the like. Should, as an example however, a "loaner" or substitute engine be installed, cover will then apply to the loaner or installed engine. Occasions do arise when components of an insured aircraft or helicopter need to be sent overseas for repair or overhaul. Because the items could move outside the geographical limits mentioned under the policy, the parts should be insured separately under a marine/transit cover. For shipments in and around NZ, cover will continue as if the parts still form part of the insured aircraft or helicopter. When however, an engine or component is replaced with a loaner or borrowed/ hired engine or component, insurance then ceases on the removed item and separate cover should be put into effect either by the owner or the repairer. Pilot Warranties We cannot over stress the importance of complying with any pilot restrictions or limitations. Underwriters offer quite good premium concessions if pilots are restricted to named pilots or subject pilots to minimum flying experience. This may appear an attractive alternative but be warned that if there is a slip up and someone flies the insured aircraft outside the parameters, it is a sure way to have a claim denied. Some Underwriters are ruthless about this. Uses Be sure to fully understand the popular express in aircraft policies "Private Business and Pleasure". It is really quite straight forward but it does not allow use for hire or reward or the carriage of revenue passengers, but more importantly it does not include RENTAL which is defined as:- "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 the Company under SPECIAL RENTAL USES in the Schedule." Special Uses Also be advised that the standard industry uses including Private Business Commercial and Rental does not automatically extend to include:- Instruction, Aerobatics, Hunting, Patrol, Firefighting, and the intentional dropping, spraying, or release of anything, any form of experimental or competition flying and any other use involving abnormal hazards. Be aware that in particular parachuting should be specifically included if your aircraft or helicopter is even occasionally used in this role.
NOW IS THE TIME TO CHECK THAT YOU ARE FULLY IN COMPLIANCE WITH YOUR POLICY TERMS, PARTICULARLY IN RESPECT TO USES AND PILOTS.
To Conclude If you are sure you understand the application and answers to all these questions and feel comfortable with your understanding of these issues, then you are well on your way to effectively gauging the adequacy of your insurance policy. This has just been a quick look at the general structure of the typical aviation insurance policy in New Zealand. Understanding how competitors policies differ from each other and meeting the requirements of your policy can be the difference between a satisfactory claim settlement or a disaster. If you have a particular question or comment, please e-mail Avsure for an interpretation. |
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