From today, 4th May 2017, the Enterprise Act 2016 (“the Act”) comes into force in the UK. All insurance policies that are issued, or renewed, from today and that are subject to English law and practice will be subject to the…
Officials say 283 passengers and 15 crew members died when the flight crashed in Ukraine near the Russian border on Thursday. So far, there is no evidence that the aircraft malfunctioned; officials say it was brought down by a Russian-made antiaircraft missile. But according to the Montreal Convention, a 1999 international treaty that governs airline liability and compensation for the victims of air disasters, Malaysia Airlines is liable, regardless of whether it is at fault for the crash. Airlines do not have to pay for damaged cargo if it’s damaged in an act of war. But in the case of death or injury to passengers, the aircraft carrier can be held liable for up to 113,100 Special Drawing Rights, an updating, weighted average of convertible currencies.
The key issue is whether the shoot-down of a civilian airliner over an area where there is a conflict but no official declaration of war will trigger aviation insurance policies’ “wartime exclusion” clauses. Such clauses are written into almost every insurance policy of a costly, high-tech airliner such as the 777-200, and they mandate that the insurance companies underwriting the aircraft won’t be liable if an act of war or terrorism destroys the plane.
This is the latest development in regards to the insurance settlement of the loss of jet plane, Boeing 777 – 200ER. We understood from the market that the jet (also referred to as the Hull in the insurance sense) is insured on a Hull All Risks basis for USD100 million, which usually is on an agreed value basis. Of course, in addition to this Hull’s sum assured there are others, like legal liability to third-party including passengers, personal injury, medical related expenses, cargo and mail legal liability, baggage & personal effects, premises, hangar-keeper & product liability. … all of these categories are subject to a combined single limit, which we think should be in the region of USD420 million. In addition too Hull War risks are covered to an agreed value similar to the Hull value, i.e. USD100 million. To sum all these sum assureds up, we should get: