Aviation Clause Blue Book

Aviation ClausesPolicy Wording and Clause Book FOREWORD In this Manual standard market clauses can be recognised by clause numbers which commence with either Aviation, AVN, CL, LPO, LSW or NMA. AVS clauses have also been included in the manual. The AVS clauses are used in slips to record agreements between Insurers and Brokers relating to, for example, in the case of AVS 100A the number of Insurers whose agreement must be obtained in the event of various changes to the risk. These clauses are not for inclusion in policies. AVS104B replaces AVS104A to reflect changes made in paragraph 11 of this clause. AVN52D and AVN52E have been inserted at the end of the Aviation Clauses while updates/new clauses AVN4A/11A/19A/23A/26A/41A and AVN90 can be found at the end of this document. Miscellaneous clauses are clauses which have been prepared to meet the particular needs of a client and these have been lodged with Ins-sure and are accepted by most Insurers. Clauses which do not have a standard prefix have been included for information and will normally need to be agreed by Insurers. They have been included mainly to give an indication of the intention of each clause but it must be stressed that some of these clauses include features which will only be acceptable for certain types of risk or by a limited number of Insurers. Clauses which have been superseded by other clauses have not been included in this Edition except for the new versions of clauses mentioned above. Some of the clauses contained within this manual are to be found in almost every Aviation policy whereas others have been included because they are used so infrequently that they may be difficult to find. The manual contains two indices, one arranged alphabetically and the other numerically, to assist readers in locating the information which they require. Aviation Clauses ALPHABETICAL INDEX Page 15% Transportation Costs Clause AVN 11 ........................................................................................................... A - 3 50/50 Provisional Claims Settlement Clause AVS.103 .......................................................................................... S - 2 Accumulation Endorsement LSW 767 .................................................................................................................. L - 13 Additional Insured Endorsement (Liabilities) AVN. 53.......................................................................................... A - 16 Additions and Deletions AVN 17A ....................................................................................................................... A - 3 Additions and Deletions AVN 17A - Hull Deductible............................................................................................. A - 4 Additions and Deletions AVN.18A ....................................................................................................................... A - 4 Aggravation of Existing Injuries Exclusion Clause ................................................................................................ M - 2 Aggregate Extension Clause.................................................................................................................................. M - 2 Agreed Value Clause AVN.61................................................................................................................................ A - 19 Aircraft Accident Liability Insurance D.o.T. 14 CFR Part 205 AVN57A (USA) ................................................... A - 20 Aircraft Accident Liability Insurance AVN57C (Canada) ...................................................................................... A - 21 Aircraft Financial Interest Endorsement AVN.28B............................................................................................... A - 7 Aircraft Laying-up Returns Clause AVN 26 .......................................................................................................... A - 6 Aircraft Third Party Legal Liability AVN.57A (Switzerland) ................................................................................ A - 19 Airfreight of Spares .............................................................................................................................................. M - 12 Airline Finance/Lease Contract Endorsement AVN.67B....................................................................................... A - 23/24 Airline Finance/Lease Contract Endorsement (Hull War) AVN.67B (Hull War).................................................... A - 25/26 Alaska Cancellation Provisions (Commercial) LSW 618 (4/94)............................................................................ L - 9 Alaska Cancellation Provisions (Personal) LSW 619 (4/94) ................................................................................. L - 9 Alaska Policyholder Notice LSW 620 (9/95)........................................................................................................ L - 10 Aviation Reinsurance Clause................................................................................................................................. M - 10 Arbitration Clause LSW 323................................................................................................................................. L - 10/11 Asthma Exclusion Clause...................................................................................................................................... M - 6 Baggage Definition............................................................................................................................................... M - 2 Baggage Legal Liability Insurance ......................................................................................................................... M - 2 Breach of Air Navigation Regulations................................................................................................................... M - 8 British Gliding Association Clause and Definitions................................................................................................ M - 11 Brockbank Ingestion Clause.................................................................................................................................. M - 13 Burning Costs Clause AVN 24............................................................................................................................... A - 5 Canadian Service of Suit Clause (ILU) CL.Canada ................................................................................................. C - 22 Canadian Transport Commission Air Carrier Regulations - Part II.1 AVS 102 (Canada) ....................................... S - 4 Cardiovascular Exclusion Clause ........................................................................................................................... M - 7 Certificate of Employers’ Liability Insurance N.M.A. 1861 ................................................................................. N - 14 Chemical Exclusion Clause ................................................................................................................................... M - 7 Chemical Liability Exclusion Clause ..................................................................................................................... M - 4 Civil Aviation Authority Safety Regulation Group Clause LSW 708A (07/94) ...................................................... L - 2 Civil Aviation Authority Trainee Endorsement LSW 707A (07/94)..................................................................... L - 2 Civil Aviation (Carriers’ Liability) Act 1959 - AVN 57A (Australia).................................................................... A - 18 Claims Advice and Settlement Clause AVS.101..................................................................................................... S - 2 Claims Control Clause AVN 25............................................................................................................................. A - 5 Claims Co-operation Clause AVN 21 .................................................................................................................... A - 4 Completed Operations.......................................................................................................................................... M - 1 Component Parts Clause AVN 4........................................................................................................................... A - 1 Computer Millennium Clause (Cargo) - with Named Peril Extension JC98/024..................................................... C - 21/22 Continental Scale (Personal Accident) LSW 723 .................................................................................................. L - 11/13 Contingent Y2K Conditions (for use with LSW610A based wordings)................................................................... M - 13 Contingent Y2K Conditions (for use with Contingent wordings not based on LSW610A) ..................................... M - 14 Contracts (Rights of Third Parties) Act 1999 Exclusio n Clause AVN 72 .............................................................. A - 21 I ........................................................................................20 II ................................... A ......................................... M ....Contractual Agreements...................1 Crew Exclusion Clause AVN.....68 ....................................................................... ............................. A .......................................................................................... L ............... Pre-Contractual Disclosure Clause (Belgium) LSW 1002B (07/94).... L ......................................................3 Currency Equivalent Clause ........30 Defective Colour Vision Exclusion Clause................................................................................. A ................................. L ................................................................................M.....................................................................6/7 Ferry Flight Endorsement....................................................... L .....................................................................................................5 Disappearance Clause N.........................................U........3 Foreign Travel (War Extension) Clause B ........................................................3 General Policy Exclusions AVS104B.31 Forced Landing Clause LSW 710(12/93)..G..................................18 Exposure Clause N......................S............28 Date Recognition Limited Coverage Clause AVN 2001................5 Deprivation (Export/Re-registration) Clause ................................................................................................................................................................. M .......................................... L ....................8 E......................................................................................8 Engine Endorsement AVN....................5 E..........................................................o...............11 Dutch Jurisdiction Clause N..................................................................................................... A ..... M ............2 Extended Coverage Endorsement (Aircraft Hulls) AVN 51 ......................................................C...........................17 Extended Hull Coverage Endorsement (LSW 657B) ................L.........T.........................................4 D....20 D........................................ A .......................................................................... 14 CFR Part 205 AVN57A (USA)......... A ...... M ............................................. A .........T.................... M ................................2 Crown Indemnity Clause LSW 970 (10/95) ................................ L ......................................................... 63.........10 Devaluation Clause....... M ......................................... 981............... S .............. N ................................................M... Pre-Contractual Disclosure Clause (Portugal) LSW 1002P (07/94) ................13 Duration Transit Clause (Spares War Risks) ...................................................19 Crown Indemnity Clause LSW 709 (12/93) ..........................................1 D................................................7 General Policy Exclusions AVS104A................................................................................o................................................. Exclusion Clause.........1 Full Premium if Lost AVN 8...........................4 Flying Clothing and Effects Clause AVN 75............................................. M ........2 G.................... A ................ L .. N ..................................... A ............................ A ....ALPHABETICAL INDEX continued Page Cross Liability Clause AVN............................................................................................................................................................................................. N ....N................ A .U..... A . S – 4/5 III ............................................................ 14 CFR Part 205 Reinsurance AVN58A (R) ................................................................ A ..........................o..................................................... L ............. A .1 Follow the Fortunes Clause.U......................................................29 Date Recognition Limited Coverage Clause AVN 2003............9 Cut-through Clause....................U........................................7 Deferred Premiums AVN 5A .........................................................................................M............................A.3 D... M ...........................................................................................................................................16 Extended Coverage Endorsement (Aviation Liabilities) AVN...........................27 Date Recognition Limited Coverage Clause AVN 2002A ............ Usual War Areas Exclusion Clause LSW 617B (7/97) ...........14 E...................................... M .........................................7 Gall Bladder Exclusion Clause .. 1442............. M .. N ..................... 14 CFR Part 205 AVS 102 (U............................................................. A ...........................................7 E....................................................................................................................................................................................................... A .... A ........................................ 2293 ......26/27 Date Recognition Limited Coverage Clause AVN 2001A .............) ............................................10 Forced Landing Clause AVN 78 ..................................... A – 28/29 Date Recognition Limited Coverage Clause AVN 2002.........................................................................................................1 Documents of Carriage Clause Aviation 42...............................................................................................................26 Date Recognition Exclusion Clause AVN 2000A ......................................................P................................................. M ...........................................................................................................................................A......................2 Full Premium in the event of a claim exceeding Premium Paid AVN 9 ............. 785 ............A......................52C. A ....................................... A .......................... L ....................................................28 Date Recognition Limited Coverage Clause AVN 2003A ......................................................................................... M .......A...................................E.................................................................. A ..................................................................... Disclosure Clause (UK) LSW 1002 (07/94)........................... A ..........................A..............................................................................................................................56....... Dann Claims Notification Clause ..................30 Flying Clothing and Effects Clause LSW 703 (12/93) .......................................................8 E.........................................................T............................. S ..........18 Date Recognition Exclusion Clause AVN 2000...... L ..................................................................... Pre-Contractual Disclosure Clause (Austria) LSW 1002A (07/94)............M.1 Deficit Clause (Three Years) Aviation 22................ ............................................................. 259..................A.........N...........German Automatic Personal Accident Insurance ............ A ... CL......................M............................................................... M .....................................30 Limitation of Liability Clause (Joint Assureds) AVN 14........................6 Gliders (Launching Sites) Clause AVN 32.............................5 Medical and Related Expenses Inclusion Clause AVN 80 ...................................................A.......................... 220..20/21 Itinerant Storage Clause.............................................1 Industrial Aid Definition.................................................................M...................................12 Hepatitis Clause..A...........................................A ......................................................S.............................................................................................................................................................................................................................A.............2 Hypertension Exclusion Clause.......2 Ministry of Defence Indemnity ............. L ......................................................................8 Hi-Jack Clause NMA 1732 ...............................6 Ground Handling/Servicing Agreements LSW 704(12/93) .......19 Institute Replacement Clause CL.......................23 Institute Radioactive Contamination Exclusion Clause CL................................................................................................................................................................ ................. A . C ............ A ..................... C ...........7 Hearing Exclusion Clause.......11 Medical Expenses (Accident Only) Endorsement N............ C .......... N ..4 Institute Cargo Clauses (A) CL.................................................................. N .............. C ............ 252 .................7 Hardy Geographical War Areas Exclusion Clause LSW 666 (11/96)...................................... M .............3 Kentucky Cancellation and Non-renewal Clause N....................................................................................... C ..................................................17/19 Institute Strikes Clauses (Cargo) CL.....2 Livestock Clause (Aviation) No..................... 45. A ....................................................11/13 Institute War Clauses (Cargo) CL......................14/16 Institute Dangerous Drugs Clause CL.........................................12/14 Knowledge and Consent Clause............................................2 Innocent Operators Clause AVN 89 ..............................................................................................................................................................4 Ingestion Clause .................................................................................................. 161.................................................................................... C ....................M................................................................................. M ...................... L ......8 Illinois Cancellation and Nonrenewa l Clause N.............. L . L ........................................................1 Liability to Pilots And Crew Clause – AVN 73.............................................................................................................................. 256............A.......................................................10/11 IV .. A .............. M ........................................... 255....4/7 Institute War Clauses (sendings by Post) CL....................................... 2787 ............1/3 Institute Cargo Clauses (Air) (excluding sendings by Post) CL................................................. 4 N................................AVS 100A.. C ...............................7/8 Indemnity to Pilots and Crew LSW 700 (12/93)......................................................................33 Innocent Operators Coverage LSW 725 (07/94) ............................ A ......................... C .......3 Medical Expenses (Accident) Endorsement LSW 726..........................3 Limitation of Liability Endorsement (Additional Assureds) AVN 15................................................. C ........ 2722........................................................... 257 ..............................................10 Institute Strikes Clauses (Air Cargo) CL... L .............................................................................. ................ M ............................. L .............................................................................. M ............................................... 1686...............8 Manufacturer as Additional Assured Aviation 29 ...................................................................................................................... M .................. Pollution and Contamination Exclusion Clause No........................................8/10 Institute War Clauses (Air Cargo) (excluding sendings by Post) CL................. A ........................................................................... S ... N ........................................................... C ..............................................................8 Heat Work Clause .................................................................................. .....................................................M.....................M......................... 356............................ N ............................................... M ................ 260...............................................................14 New Short Rate Cancellation Table Endorsement U................. ....... N ..................................................................................2 Limited War Exclusion Clause NMA 2582 ................................ Seepage............... 1................................................... 2463 ...........................4 Mutual Revision Clause (Aviation Liability) Aviation 44............................................2 Industries...................................................................................................... M ...................................................................................... N ..... M . L .... A .......................1 ALPHABETICAL INDEX continued Page Gynaecological Exclusion..............32 Medical And Related Expenses Inclusion Clause LSW 712 (12/93) ............................... 258...7 Malaria Exclusion Clause..................................................... C .................................................... M ..................................................... 102 ...................................................................................................... N .............................. L ....7 Heart Exclusion Clause......................................................................................................................................8 Hernia Exclusion Clause ................. M .......7 Hardy Geographical War Areas Exclusion Clause LSW 666A (3/97) .................. M ................15 Minimum Earned Premium Clause LSW 699 ......................................2 Leading Underwriters' Clause (Aviation Business) ............................ M ................... .......................................46B .............1 Premium Payment Clause AVN..........8/9 Passenger Voluntary Settlement Endorsement Aviation 34 (Amended for AVN 1B) .........................................21 Occurrence Clause (for use with Forms TP1 or TP3) . L ..................................... L .............................................................15 Non-Aviation Liability Clause AVN59 ........... A ............................................................ M .............................. A ...............A....................32 ALPHABETICAL INDEX continued Page No Claim Bonus on Renewal Clause LSW 718 (12/93). A ............................. N........ L ....3 Orion Drake Short Rate Cancellation Clause.........9 Requisition Clause. L .....................................................................Direct (Broad) ......... A ...................6A ..............................................M................................................................. A ............................................................. M ............................................................................................................A............A............................ M ........................................................9 Peptic Ulceration Clause ..............4 No Claim Bonus on Renewal Clause AVN 84 ............... L .....No Claim Bonus Clause AVN 82 .....................................................................................................................................................................................................22 Non-Owned Aircraft Endorsement AVN 54...............................M.............................................3 Overseas Jurisdiction Clause N....................................4 Recovery Costs Clause. A ..............................................................................................................4 No Claim Bonus on Renewal Clause LSW 719 (12/93)..............................................................................A......................... N ....... N ..............................Liability ...............................32 No Claim Bonus Clause AVN 83 ..................6 Out of Notified Hours Clause AVN 81 .......................5 Profit Commission on Renewal Clause AVN..............8 Personal Injury Extension AVN60 ....................................M.... A .......... A ........................ M ......32 Out of Notified Hours Clause LSW 713 (12/93).....................................................................................................................................................6 Renal Stone Exclusion ................................................................................................................................32 No Claim Bonus Clause LSW 716 (12/93) ...5 Nuclear Risks Exclusion Clause AVN38B............. N .................................M............................Direct (Broad) ...............M.............................................................. M .................................6 Radioactive Contamination Exclusion Clause .................. A ..................................................................4 Reinstatement Clause LSW310A ....................................................................................................................................................................................................................5 Punitive and Exemplary Damages Exclusion Clause N. N ........................................................ 1933 ............................................................................... A .......... N ... 1477 ...16 Nuclear Incident Exclusion Clause-Liability ............A............A..................................................................................N........................ M ..........................4 Profit Commission Clause LSW 721 (12/93) ......................2 Prior Disability or Disease Endorsement N...................... A ..............A.............................. M .......13 P rofit Commission on Renewal Clause AVN.......................13 Profit Commission on Renewal Clause AVN 88 ....3/4 Nuclear Incident Exclusion Clause-Liability .......................................... A ............S................................................................ N ...................................................33 Profit Commission on Renewal Clause LSW 722 (12/93) ...................6 Profit Commission Clause AVN 86 ......................................................................... L ..1 Premium Payment Clause AVN.......22 Pilot Indemnity Clause AVN 74 ..............................2 Reinsurance Underwriting & Claims Control Clause AVN 41 ........................ L .................................................12 Requisition Clause (Fire Fighting) ................................................................................................................ A .............. N............................. A .............................6 ................A.................................................................................4 Passenger Liability (Mutual Revision & Special Contracts) Clause Aviation 44A .......................12 Nuclear Risks Exclusion Clause AVN71 ..... A ............................... 1259...................................... L .................10/11 Passive War Inclusion Clause....................... A ...................................................................................................................................U...................................S..........14 Passenger Voluntary Settlement Endorsement Aviation 34 ... N ..64A ......... 1483.... 1978 ....................................................................12 V ...........................64B..................................................................................................M................................ L .................................................................................. A ................................................ A .....4 Noise and Pollution and Other Perils Exclusion Clause AVN.......................................................... A ..................... 976 ................................................................. M .......................A............................................................................................. A ....... 1256 .............................................................................8 Republic of Cyprus Indemnity Clause..Canada N. L ..2 One Way Cross Liability Clause LSW 714 (12/93) ........33 Profit Commission Clause LSW 720 (12/93) ...........................................M...............30 Pilot Indemnity Clause LSW 701 (12/93).................................. A .............................33 Profit Commission Clause AVN 87 ............... A ....................................................................................................................Direct ............................ L ..........U........................................................... A ..........................................................................................................................4 No Claim Bonus Clause LSW 717(12/93) ..32 No Claim Bonus on Renewal Clause AVN 85 ........................................................ ..........................5 Shippers Interest ................................................................................................................................................................... 1311 .......31 Unearned Premium Insurance LSW 711(12/93).................................................... M ........6 Warranty Clause (excluding rate) N.............................................M...................... Wreck Removal.................................................................................................... M . L ................................................. L ............................................... L ............................. A .......................................... L ...........A.............................M... A ......M..................................................................................M..... L ..................................................... Hi-Jacking and Other Perils Exclusion Clause (Aviation) AVN...................... 1854................... M ...................................6 Service Of Suit Clause (Australia) N............ M ............................................8 Spreader Clause “A” AVN 35.... N .......................8 Visual Exclusion Clauses .................................................................................................. L .................M...................................................................................................................................11 War................. A ...............31 Supplementary Payments Clause LSW 705 (12/93) ............................. M ............... M .. N .........................Reinsurance N......................... A ................ N ........A..................11/13 Search And Rescue Extension Clause AVN.................13 Trespassers Cost Clause.................................................................................................................... A ......................................62........................ N ............................9 Small Additional or Return Premiums Clause N.............................................................................................................9 ALPHABETICAL INDEX continued Page Several Liability Notice LSW 1001 (Insurance) 08/94 .............................................................. A ..........................................................................................M............M.. A ........................ M .............................4 UK Millennium Endorsement N.A.......................... L .......................................................23 Severability of Interest Clause ................................................................M...........P........................................................ 2349 ...............................................................6 Special Waivers and Permits....................................................................11 Service Of Suit Clause (Canada) NMA 1970a........................................................... Fire and Crash Control Expenses Clause .................................................................... 2803 ................................A............ L ....................................................................................................................................................................10 Supplementary Payments Clause AVN 76.....A.........O................... N ...................................31 Unauthorised Use Clause LSW 706(12/93) ..........................................13 Slip Policy .............................. N ................................3 Sellers Interest..................13 Texas Surplus Lines Clause LSW 1023..15 Unauthorised Use Clause AVN 77 ....................5 Several Liability Notice LSW 1001 (Reinsurance) 08/94 ..........2 Texas Complaints Notice LSW 1022 ............A...15 Warranty Clause N..........................................................6 Work in Progress ........................................ 1779A................................................................................................................................A.....................................................................................................A............ L ................................ N ...............8 War and Civil War Exclusion Clause N.......5 Simultaneous Settlement Clause (Reinsurance) L...................................4 VI ........................................ 438 (9/82) ...................................1 Unearned Premium Insurance Clause AVN 79 ........................................................................................ Runway Foaming..........................A............... N ............9 Spreader Clause “B” AVN 35 ................................................................................... 464 ............................... L ....) AVN 65 ..........5 Usual War Areas Exclusion Clause LSW 617C (6/99) .......................... N ......... 468 ........................................20 Search and Rescue..........11 Service of Suit Clause (U............48B .....1 Spinal Column Exclusion Clause ............................. A ............. 1168................................................................ M ....................................4 Two Way Cross Liability Clause LSW 715(12/93).......Scale of Permanent Disabilities by Accident LSW 723......................................................... A ..................................S................3 Unlicensed Landing Ground Suitability Clause AVN 23......................................11 Service Of Suit Clause (Israel) N................................................................................................................................ L ... M .......... ...................13 Profit Commission Clause...................................................................... 14 CFR Part 205 (USA)........................... A ..................Australia.............................56 AVN......5 Unlicensed Landing Ground Suitability Clause.......................o..18 Aircraft Accident Liability Insurance (Canada) ..................4 Claims Co-operation Clause ....62 AVN................................................................. A .......................... A ............... A ........ A ........................ A .............................................................................60 AVN....................................... A ........................................................................................ A ................................................................................... A ... A ..................5 Gliders (Launching Sites) Clause..............................................18A AVN 21 Aviation 22 AVN 23 AVN 24 AVN 25 AVN 26 AVN..................................................... A ................................................................. Hi-Jacking and Other Perils Exclusion Clause (Aviation).......................................6 AVN.................................. A ... A .........63 AVN.............................18 Aircraft Accident Liability Insurance D......................................4 Deficit Clause (Three Years) .................................... A .............................. A ..... A ..........................5 Aircraft Laying-up Returns Clause .........16 Engine Endorsement......9 Spreader Clause “B” ................................................... A ......................................2 Full Premium in the event of a claim exceeding Premium Paid ................................14 Noise and Pollution and Other Perils Exclusion Clause...............................................20 Civil Aviation (Carriers’ Liability) Act 1959 ..............................54 AVN..................................................................................3 Limitation of Liability Endorsement (Additional Assureds)......................................................................... A .............53 AVN...............................................................................................Hull Deductible ................10 Nuclear Risks Exclusion Clause ............................52C AVN.....51 AVN........................................3 Additions and Deletions .......13 VII ....57A (Switzerland) AVN58A (R) AVN........21 Aircraft Third Party Legal Liability (Switzerland)................. A ..20 Cross Liability Clause.... A ......38B AVN 41 Aviation 42 Aviation 44 AVN 44A AVN.................. A .........16 Non-Owned Aircraft Endorsement..................... A .........................8/9 Passenger Voluntary Settlement Endorsement (Amended for AVN 1B) .......................7 Manufacturer as Additional Assured....................................................6A AVN 8 AVN 9 AVN 11 AVN 14 AVN 15 AVN...................... A ........................o. A .......15 War.............................................59 AVN....28B AVN 29 AVN 32 AVN 34 AVN 34 AVN 35 AVN 36 AVN...................... A .....................14 Passenger Liability (Mutual Revision & Special Contracts) Clause...4 Additions and Deletions................. A . A ...............17A AVN...........................................................................................................................NUMERICAL INDEX Page AVN 4 AVN.......16 Extended Coverage Endorsement (Aviation Liabilities) ............................................................46B AVN........................................................................ A . A ....................... A .. A ....................................................................... A ..................... A ............. A .... A .......... A .....10/11 Spreader Clause “A”..........................................................................15 Extended Coverage Endorsement (Aircraft Hulls) .........................................................19 Profit Commission Clause.........17 Additional Insured Endorsement (Liabilities)............................................2 Additions and Deletions....................................................................... A ..........57C (Canada) AVN............22 Agreed Value Clause.................22 Personal Injury Extension ............................................................................ 14 CFR Part 205 Reinsurance............................6 Aircraft Financial Interest Endorsement ...T......................48B AVN.........13 Mutual Revision Clause (Aviation Liability)...........................................6 Documents of Carriage Clause......64A AVN...5 Claims Control Clause......................5A AVN.................. A .............................................1 Deferred Premiums.............1 Premium Payment Clause ........................................ A .....................................2 Full Premium if Lost........................................ A ........... A ...................12 Reinsurance Underwriting & Claims Control Clause ...18 Non-Aviation Liability Clause ........................64B Component Parts Clause........................................... A ...............................17A AVN...........5 Burning Costs Clause............. A ............................19 Search And Rescue Extension Clause..........57A (USA) AVN 57A (Australia) AVN.........61 AVN......19 D......................T......... A ...........................................................1 Premium Payment Clause...... A.3 Limitation of Liability Clause (Joint Assureds) ....................................................................................................................... A ................6 Passenger Voluntary Settlement Endorsement ................ A ................ A ............................................................. A ..2 15% Transportation Costs Clause .............. ........................ A ...................................................... A ...........30 Pilot Indemnity Clause ................. A .................. A .................................. A ...... 161 CL....................) .......................................... ...... A ................................30 Supplementary Payments Clause.......... A .................................. C .............................................................. C ..17/19 VIII ......... A ..........................1 ................................. A ...4/7 Institute Strikes Clauses (Cargo)....67B (Hull War) Service of Suit Clause (U............................................................................. A .........................................21 Liability to Pilots And Crew Clause ...................................31 Unearned Premium Insurance Clause ... A – 28/29 Date Recognition Limited Coverage Clause.........................................................................101 AVS 102Canada AVS 102 (U..................................................................23/24 Airline Finance/Lease Contract Endorsement (Hull War) .........103 AVS104A AVS104B CL........................ A ................................20/21 Institute War Clauses (Air Cargo) (excluding sendings by Post)..67B AVN............30 Leading Underwriters' Clause (Aviation Business).................................27 Date Recognition Limited Coverage Clause.23 Airline Finance/Lease Contract Endorsement ... ..... 257 CL............................................................ A ............. A .........................S..............................28 Date Recognition Limited Coverage Clause.......................................... 252 CL............ C ..................................................8/10 Institute War Clauses (sendings by Post)..................................10 Livestock Clause (Aviation) No........................................................................ A ............................26/27 Date Recognition Limited Coverage Clause........................30 Flying Clothing and Effects Clause...........................................................................................4 50/50 Provisional Claims Settlement Clause .4 D......................... A ..................... S ...........33 Profit Commission on Renewal Clause ........................................................................................................31 Unauthorised Use Clause ........A.................. 1......AVN.............................................................................................................T.........20 Nuclear Risks Exclusion Clause ........................................ ........ C ........................................... 14 CFR Part 205 ............................................ S ........................................32 No Claim Bonus on Renewal Clause ....................................... A ................11/13 Institute Cargo Clauses (Air) (excluding sendings by Post)...............26 Date Recognition Exclusion Clause ..........................) AVS........................................................ 220 CL.... A ....... A .............................. A ................................. A .....3 General Policy Exclusions.................................................... A .................32 No Claim Bonus Clause ........................ 256 CL................65 AVN.............................. C ..... C .........31 Forced Landing Clause .........................23 Institute Replacement Clause............... S – 4/5 Canadian Service of Suit Clause (ILU)...............28 Date Recognition Limited Coverage Clause........... S ..31 Medical and Related Expenses Inclusion Clause .............................. A .....................14/16 Institute Strikes Clauses (Air Cargo).....................................................................2 Canadian Transport Commission Air Carrier Regulations ..........................7 Institute Cargo Clauses (A).........32 No Claim Bonus Clause .. 258 CL........ 260 Crew Exclusion Clause ................o............................... A ................... A ...................................................... S ...................32 Out of Notified Hours Clause ...................................................... 255 CL....... C ....................................................... A ............ 259 CL........A............... S ........................................................2 General Policy Exclusions.........................71 AVN 72 AVN 73 AVN 74 AVN 75 AVN 76 AVN 77 AVN 78 AVN 79 AVN 80 AVN 81 AVN 82 AVN 83 AVN 84 AVN 85 AVN 86 AVN 87 AVN 88 AVN 89 AVN 2000 AVN 2000A AVN 2001 AVN 2001A AVN 2002 AVN 2002A AVN 2003 AVN 2003A AVS 100A AVS..............1 Claims Advice and Settlement Clause ....................................21 Contracts (Rights of Third Parties) Act 1999 Exclusion Clause .........Canada CL............................................32 No Claim Bonus on Renewal Clause ...........................................S................................................68 AVN....................22 Institute Dangerous Drugs Clause ...............................................................33 Innocent Operators Clause ... S ..........................................................32 Profit Commission Clause .. C ....................................................................................................................................... C ................................................................................................. A ............................ C ................1/3 Institute War Clauses (Cargo) .......33 Profit Commission Clause ......................... A ........ 102 CL.............................................. A .................................25/26 NUMERICAL INDEX continued Page AVN.......................................................................................29 Date Recognition Limited Coverage Clause.............33 Date Recognition Exclusion Clause...Part II.................. A ....................... C ......... A ................. ...................... L ................U............................ L ..................................................... L ................................11/13 Innocent Operators Coverage (07/94) ...................................4 No Claim Bonus on Renewal Clause (12/93)...............5 E.13 Texas Surplus Lines Clause........21/22 Simultaneous Settlement Clause (Reinsurance) (9/82).. L .5 E........................................................................................................ L ...... L .. L ................... L ..............................................................4 Medical Expenses (Accident) Endorsement......... L .... L .......................................................... L ......................4 No Claim Bonus Clause (12/93) ....3 Medical And Related Expenses Inclusion Clause (12/93) .....................4 Profit Commission Clause (12/93) ............ L .......................................................................................................... L ..........9 Alaska Policyholder Notice (9/95)..................................................E............................................................. L ......................... L ......................................... L ..2 Civil Aviation Authority Safety Regulation Group Clause (07/94)... C ................... L ..................................................... L .....................................8 E.................................. L .....................................3 One Way Cross Liability Clause (12/93) .......................................2 Indemnity to Pilots and Crew (12/93)........................................................................4 Profit Commission Clause (12/93) ...5 Several Liability Notice (Reinsurance) 08/94 ............. L ......................................... L ........ L ...........................................U............. L ...... L ........................................10 Extended Hull Coverage Endorsement .........1 Ground Handling/Servicing Agreements (12/93)..............7 NUMERICAL INDEX continued Page LSW 617C LSW 618 LSW 619 LSW 620 LSW 657B LSW 666 LSW 666A LSW 699 LSW 700 LSW 701 LSW 703 LSW 704 LSW 705 LSW 706 LSW 707A LSW 708A LSW 709 LSW 710 LSW 711 LSW 712 LSW 713 LSW 714 LSW 715 LSW 716 LSW 717 LSW 718 LSW 719 LSW 720 LSW 721 LSW 722 LSW 723 LSW 725 LSW 726 LSW 767 LSW 970 LSW 1001 LSW 1001 LSW 1002 LSW 1002A LSW 1002B LSW 1002P LSW 1022 LSW 1023 Usual War Areas Exclusion Clause (6/99)....................................................3 Unearned Premium Insurance (12/93).P...................... L ..........4 No Claim Bonus Clause (12/93) ................................................... C ......................................2 Forced Landing Clause (12/93)..1 Pilot Indemnity Clause (12/93).............................................10/11 G............... L .............................8 Alaska Cancellation Provisions (Commercial) (4/94)......................................U................................ L ...................................... L .....13 IX . L ....3 Two Way Cross Liability Clause (12/93)..................................... L ........... L ............... L ......8 Texas Complaints Notice ..................4 No Claim Bonus on Renewal Clause (12/93)....................................................................................................................................................................................... Pre-Contractual Disclosure Clause (Portugal) (07/94) ..........1 Flying Clothing and Effects Clause (12/93) ...............with Named Peril Extension ................................................... L ..... L ................. L ................................13 Crown Indemnity Clause (10/95) .......................7 Minimum Earned Premium Clause ..................... L ............................................. L ....3 Several Liability Notice (Insurance) 08/94 ................................................2 Arbitration Clause ......................................... 356 JC98/024 LPO 438 LSW 310A LSW 323 LSW 617B Institute Radioactive Contamination Exclusion Clause...........2 Unauthorised Use Clause (12/93) ..............................................................................................................7 Hardy Geographical War Areas Exclusion Clause (3/97)........................ L ...1 Civil Aviation Authority Trainee Endorsement (07/94) ....................................... L .............1 Supplementary Payments Clause (12/93) ....................................................................................................CL......................5 Scale of Permanent Disabilities by Accident .......................... L .............. L ....... Pre-Contractual Disclosure Clause (Belgium) (07/94)....... L ......................................................................................2 Crown Indemnity Clause (12/93) ...........3 Out of Notified Hours Clause (12/93).............................. Pre-Contractual Disclosure Clause (Austria) (07/94) ........ L ........................................................................................................... Usual War Areas Exclusion Clause (7/97).......5 Profit Commission on Renewal Clause (12/93) ...................... L ......................................................................... L .......................9 Alaska Cancellation Provisions (Personal) (4/94) .............6/7 Hardy Geographical War Areas Exclusion Clause (11/96)......................... L ....................................................19 Computer Millennium Clause (Cargo) ..........................U...................................................8 E.......................11 Accumulation Endorsement ........................................ L ........................... Disclosure Clause (UK) (07/94)...............................13 Reinstatement Clause..... ...................M............3/4 Occurrence Clause (for use with Forms TP1 or TP3) ......... N ......................................M........................M.....A........... 2722 Warranty Clause (excluding rate) ......... 1442 N.7/8 Limited War Exclusion Clause ..................... 1779A N... 2582 N......................A.........M..... N ................A..........A. 2293 N... N ................... 1854 N.............U....A......... N ......... N .....................6 Exposure Clause.......... N ...................A....................................11 Warranty Clause......... N ..........2 NUMERICAL INDEX continued Page N. 1259 New Short Rate Cancellation Table Endorsement U..................A. 1483 N...............................................11 Nuclear Incident Exclusion Clause-Liability .....5 Dutch Jurisdiction Clause ........................................A..... 785 N...........M.......... 45 N............................. N ..........Direct ....... 1970A N. 1256 N....... N .....................A...............2 Small Additional or Return Premiums Clause.......A.......Liability .M.2 Slip Policy ..................... 2349 N.Direct (Broad) ..............Direct (Broad) .................................. Pollution and Contamination Exclusion Clause No..........2 Kentucky Cancellation and Non-renewal Clause...........M.A.......M.............................. N ............6 Disappearance Clause........M...............4 Industries..........................A... N ........M.............................11 Certificate of Employers’ Liability Insurance .........4 Hi-Jack Clause ................... 1168 N.A......... N .................... 976 N...M..... 2463 N...............................M..... 1732 N..... 1686 N...A.......... N ............................................................................M...........................A................1 Prior Disability or Disease Endorsement ...A....M.. 981 N........M. Seepage........6 Nuclear Incident Exclusion Clause-Liability ............14 Punitive and Exemplary Damages Exclusion Clause .......14 Service Of Suit Clause (Israel) ...10/11 War and Civil War Exclusion Clause.....M......M................... N ......... N ..A... N .......A...M.............................M.6 Service Of Suit Clause (Canada)............................................... 1978 N......................M....U.................A... 1861 N....................................................................A.............A....4 Overseas Jurisdiction Clause.....M....................9 Service Of Suit Clause (Australia)...............M................Canada ..............................M..A......... 468 N........... ............ 4............... N ................ N . 1933 N...A....A.......... N .A.............. N ................... ..............................................A.......... N ...M...... 464 N.....6 Foreign Travel (War Extension) Clause B.......1 Radioactive Contamination Exclusion Clause ......S..A... N ............ N ..........A........ N ..... 1311 N....A...........................N..................................................M................M....12/13 X ..................... N ........11 Illinois Cancellation and Nonrenewal Clause ........Reinsurance ...... 1477 N....S..............S.... N ....................... The Insurers will in addition pay the cost of such dismantling... replacement part......... Notwithstanding any cancellation provision contained within the policy... Such percentage shall be deemed to include the cost of labour. Provided always that Insurers' aggregate liability shall in no event exceed the insured value of the Aircraft.........96 AVN 4 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......... 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 insured value of the Aircraft. whether by endorsement or otherwise.......... Average Clause applying to item of Schedule "Other Aircraft Parts or Equipment....... The amount recoverable for transportation charges on any lost or damaged Component Part or Parts shall not exceed 15 per cent of the percentage of the total insured value set against such Component Part or Parts.. Subject otherwise to the general terms......................... conditions and limitations of this Policy............ 9/10/74 AVN 5A PREMIUM PAYMENT CLAUSE 1) It is noted and agreed that the premium due at the inception of this policy shall be payable in the following instalments: 2) 3) In the event of a claim hereunder which exceeds the instalments of premium paid on this policy........................ AVN.........92 A-1 ........... opening up..... Notice shall be deemed to commence from the date such notice is given by the Insurers... making good..........." In the event of loss or damage to the unspecified Aircraft parts or equipment the Insured shall only be entitled to recover such proportion of the said loss as the sum insured in respect of unspecified Aircraft parts or equipment bears to the total value of such parts or equipment................. inspecting......... 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.....2.........COMPONENT PARTS CLAUSE Aircraft.... 1..... transportation and other incidental charges incurred in reinstating such loss or damage.......... by the giving of not less than Thirty (30) days notice in writing to the appointed broker..6 19........... the instalments of premium then outstanding shall become payable forthwith..................... material...........................10.... Notwithstanding anything contained herein to the contrary it is understood and agreed that in the event of loss of or damage to any Component Part of the above Aircraft Insurers' liability shall not exceed the percentage of the total insured value relating to that Component Part as shown on the Schedule attached........................... Insurers shall have the right to terminate the cover afforded by the policy to the Assured and any other party(ies) protected thereby......... Insured Value of Aircraft... 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..... .....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) 3) In the event of a claim hereunder which exceeds the instalments of premium paid on this Policy...10. the instalments of premium then outstanding shall become payable forthwith.. less the amount of premium already paid..........96 AVN 8 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 .... whether by endorsement or otherwise.. 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 .. d) Presentation to the appropriate signing office for payment of the due amount by the appropriate date shall be deemed to be in compliance with this provision.. 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......... Paragraph 2 to be negotiable as at present. Insurers will allow a cooling off period not exceeding 15 days before giving 30 days notice...96 AVN 9 LIMITATION OF LIABILITY ENDORSEMENT (ADDITIONAL INSUREDS) It is hereby understood and agreed that this Insurance is extended to cover the undermentioned as additional Insured(s).....96 AVN 15 A-2 . In consideration of the foregoing the sum of .... exclusions and limitations of the Policy.... but only in respect of the coverage provided under this Policy..... 1. 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...... 1.10. As a Side Agreement respect Paragraph 3.10. is paid hereon as an additional premium. Notwithstanding any cancellation provision contained within the Policy..........96 Notes (not to form part of this Clause): a) b) c) This agreement is subject to future alteration as Insurers deem necessary.. conditions... Additional Insureds(s) 1... 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......... Subject otherwise to all the terms. It is further understood and agreed that notwithstanding the inclusion herein of more than one Insured.... shall become due and payable forthwith.... Appointed Broker: AVN6A 17...... shall become due and payable forthwith..10.... 96 AVN 14 ADDITIONS AND DELETIONS (Applicable to Hulls only) 1. 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 under this Policy in respect of such Aircraft. and that this Policy is not cancelled by virtue of such deletion. 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. (ii) (iii) 1. 1. replacement parts.96 AVN 17A A-3 .96 AVN 11 LIMITATION OF LIABILITY CLAUSE (JOINT INSUREDS) Notwithstanding the inclusion herein of more than one Insured. In all cases the liability of the Insurers shall be limited to the cost of transportation by the least expensive means which in respect of the transportation of labour shall take into account wages and subsistence payable during transit. whether by endorsement or otherwise.15% TRANSPORTATION COSTS CLAUSE Notwithstanding anything contained herein to the contrary it is hereby understood and agreed that in the event of the Aircraft sustaining damage covered under Section I of this Policy the liability of the Insurers for transportation costs shall not exceed 15% of the admitted cost of repairing such damage. conditions and limitations of this Policy. 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.10. 2. 3. In the event of a claim arising in respect of any Aircraft added hereto being settled on a total loss basis full twelve months' premium shall be paid hereunder in respect of such Aircraft. 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.10. 1. material and equipment as may be required to make good damage covered by this Policy (3) Returning the Aircraft from the repair site to the airport nearest to the place of accident or to its home airport. Provided always that any amount payable under this Clause shall not increase the limit of the Insurers’ liability beyond that stated in Section I. 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. For the purpose of this Clause:(a) “Transportation Costs” shall be deemed to mean the aggregate of the cost of (1) Removing the Aircraft to a repair site (2) Transporting such labour. (b) The “Admitted Cost” of repairing the damage shall be deemed to mean the aggregate of the cost of (1) Labour (2) Replacement parts and material (ex the nearest place where such parts and material are normally stocked) to make good the damage covered by this Policy. including the cost of any necessary opening up and dismantling required for inspection and repairs (3) Reassembly.10. The inclusion of additional Aircraft of other types or different values shall be subject to special agreement and rating by Insurers prior to attachment. whichever may be the nearer to the repair site. Subject otherwise to the general terms. and that this Policy is not cancelled by virtue of such deletion. 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 under this Policy in respect of such Aircraft. The inclusion of additional Aircraft of other types or greater seating capacity shall be subject to special agreement and rating by Insurers prior to attachment. 5.ADDITIONS AND DELETIONS 1. 2. (ii) (iii) AVN 17A . 3. A-4 .10. 1. 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.Hull Deductible ADDITIONS AND DELETIONS (Applicable to Liabilities only) 1. 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.10. 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. it is a condition precedent to any liability under this Policy that (a) (b) 1. 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. 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 with the same deductibles as Aircraft already covered hereunder. 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. 2. 3.96 AVN 18A CLAIMS CO-OPERATION CLAUSE Notwithstanding anything herein contained to the contrary. 4. 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. In the event of a claim arising in respect of any Aircraft added hereto full twelve months' premium shall be paid hereunder in respect of such Aircraft. 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 as Aircraft already covered hereunder and of no greater seating capacity.96 AVN 21 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. The inclusion of additional Aircraft of other types or with different deductibles shall be subject to special agreement and rating by Insurers prior to attachment. .......... as an Additional Insured but only in so far as their interests arise as owners (in whole or in part) of the insured Aircraft............% per annum on the insured value of the Aircraft.. It being further understood and agreed that any such loss referred to above shall not be carried forward for more than three consecutive 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.%...... as provided above.. the landing and taking off of the insured Aircraft by day on landing grounds other than duly licensed airfields is covered under the Policy subject however to each such landing ground having been previously surveyed from the ground by the Insured and by the pilot using the landing ground..... 1...........10. repairers.......... assessors and/or surveyors and to control all negotiations.... shall rest entirely on the Insured.... the above mentioned Rate of ....... In the event of a claim being made under the Policy in respect of an accident occurring during the use of any such landing ground the onus of proving its suitability as such and that it had been surveyed from the ground and from the air...... adjustments and settlements in connection with such loss or losses.......DEFICIT CLAUSE (THREE YEARS) It is agreed that in the event of this contract showing a loss on the result of any one year.... 1.96 Aviation 29 A-5 ................ it is hereby understood and agreed that notwithstanding anything contained herein to the contrary........ and the Reinsurers shall have the right to appoint adjusters.. upon knowledge of any loss or losses which may give rise to a claim under this Policy. This agreement shall not operate to prejudice Insurers' rights of recourse against ..10........ it is a condition precedent to any liability under this Policy that (a) (b) the Reinsured shall.. 1..96 AVN 24 CLAIMS CONTROL CLAUSE Notwithstanding anything herein contained to the contrary.....10. 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 Reinsured shall furnish the Reinsurers with all information available respecting such loss or losses............. suppliers or servicing agents where such rights of recourse would have existed had this endorsement not been effected under this Policy. and from the air by the same pilot immediately prior to landing.......... the total amount of such loss shall be debited to the Profit Account for the ensuing year or years.......... 1............96 AVN 25..% and a maximum annual Rate of .....% of the total claims (including claims expenses less salvages and/or refunds and/or recoveries) subject however to a minimum annual Rate of ........ and subject to previous permission having been obtained from the owner and/or tenant of the land.........96 AVN 23 BURNING COSTS CLAUSE The Premium to be paid to Insurers hereon shall be calculated at a provisional Rate of ........96 Aviation 22 UNLICENSED LANDING GROUND SUITABILITY CLAUSE In consideration of an additional premium of . MANUFACTURER AS ADDITIONAL INSURED Agreed to include .... advise the Reinsurers thereof within 72 hours.... 1... as manufacturers.% shall be adjusted so that the total gross Premium under this Policy is equal to ...10............10.... .. it is a condition precedent to any liability under this Reinsurance that: (a) (b) (c) no amendment to the terms or conditions or additions to or deletions from the original policy shall be binding upon Reinsurers hereon unless prior agreement has been obtained from the said Reinsurers.. and the Reinsurers shall have the sole right to appoint adjusters..AIRCRAFT LAYING-UP RETURNS CLAUSE In the event of the Aircraft hereby insured being laid up......... terms and conditions as the said Company as agreed at inception.........96 AVN 32 REINSURANCE UNDERWRITING & CLAIMS CONTROL CLAUSE 1.... warranted the same gross rate.. except as provided by paragraph 2 hereof. on the identical subject matter and risk and in identically the same proportion on each separate part thereof..... a part only of which attaches to this insurance and part to the annual renewal insurance.............. the Flight and Taxying cover under all Sections of this insurance will be suspended during the period of lay-up and credit therefor will be adjusted on expiry of this insurance subject to the following conditions:1. advise the Reinsurers within 72 hours. Company and....... the Reinsured shall upon knowledge of any loss or losses which may give rise to a claim under this Policy.... then this insurance shall return premium for such proportion of the total period of lay-up as the number of days attaching hereto bears to such total period. surveyors and/or lawyers and to control all negotiations.. No return of premium shall be made:(a) (b) in respect of the period of the annual renewal of the Certificate of Airworthiness including any work necessitated thereby unless the period of lay-up is of at least 30 consecutive days. Notice must be given to the Insurers by the Insured prior to the date of inception and also upon termination of lay-up. 2..... 1.96 AVN 26 GLIDERS (LAUNCHING SITES) CLAUSE It is hereby understood and agreed that this Policy shall not apply whilst the insured Glider is being prepared for launching or actually being launched on or from a site other than a recognised aerodrome or a suitable site habitually used for the purpose of launching gliders and recognised and/or authorised for this purpose by the appropriate authorities. Reinsurers' lines to be proportionately reduced.... and that the said Company retains during the currency of this Policy at least .. 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 if a claim in respect of the Aircraft concerned has been made on this insurance. 1............ 1. 2. (c) Subject always to the foregoing conditions the return shall be 75 per cent of pro rata of the difference between the annual hull risk premium and the annual ground risk premium (as agreed by the Insurers) for the actual period of layup as defined above....10. the Reassured shall furnish the Reinsurers with all information available respecting such loss or losses. Being a Reinsurance of the ..10. In the event of the Aircraft being laid up for a period of 30 consecutive days or more.... assessors....96 AVN 41 A-6 .. Subject to the foregoing.....10. but in the event of the retained line being less than as above.. adjustments and settlements in connection with such loss or losses. CONDITIONS. the Party shall do so immediately he becomes aware of the event in form and manner as prescribed by the Policy. Nevertheless any change in title or ownership of the Aircraft. Policy Deductible: Effective Date of this Endorsement: Additional Premium: Appointed Broker: 17. Upon payment of any loss or claim to the Party. EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF.10. Accordingly. Insurers shall to the extent and in respect of such payment be subrogated to all legal and equitable rights of the Party. 3. At the expense of Insurers the Party shall do whatever is necessary to assist the Insurers to exercise such rights. whichever shall first occur. 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. 3. WARRANTIES. 6. 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. 4. embezzlement or secretion by the Insured in possession of the Aircraft is not covered hereunder. 7. 5. In the event of cancellation for non-payment of premium. 4. 6.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. Except in respect of any provision for Cancellation or Automatic Termination specified in the Policy or any endorsement thereof. SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT 1. the Party agreeing to pay any additional required premium if the Insured fails to do so on demand of the Insurers. the Party shall have the option to pay all outstanding premiums in respect of the Aircraft within the notice period. 8. contributed to or knowingly condoned the said act or omission. 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. Aircraft: Registration: Party (enter the name of the Party having a financial interest): Agreement (enter identifying details and date): The Original Amount under the Agreement: Payable in the last Instalment being due The amount outstanding at the Effective Date of this Endorsement: Instalments of 5.96 AVN 28B A-7 . 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. Notice shall be deemed to commence from the date such notice is given by the Insurers. 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. 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. 2. in respect of the interest of the Party and in consideration of an Additional Premium IT IS UNDERSTOOD AND AGREED THAT: 1. LIMITATIONS. conversion. 2. 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. condition or warranty of the Policy PROVIDED THAT the Party has not caused. . without notice.)) 1.. (b) disease or natural causes. shall in the manner required by the Underwriters..... 4.. A-8 . DEFINITIONS "LOSS OF A LIMB" means loss by physical separation of a hand at or above the wrist or of a foot at or above the ankle.. or medical or surgical treatment (except where such treatment is rendered necessary by bodily injury caused by accident within the scope of this Endorsement). LIMITS OF SETTLEMENT For death or for total loss of two limbs or total loss of sight of two eyes or total loss of one limb and total loss of sight of one eye the amount offered shall not exceed the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement. through or under him shall fail to accept in writing within thirty (30) days from the date of offering the voluntary settlement under the provisions of this Endorsement or to execute the necessary release then the Underwriters may withdraw the offered voluntary settlement.. execute a full legal release of all claims for damages against the Insured and/or the crew of the Aircraft and/or any employee of the Insured and/or any person whom the Insured has agreed to indemnify or hold harmless except claims for which the Insured or any Company as his Insurer may be held liable under any Workmen's Compensation Law.S. In the event of death immediate notice must be sent to the Underwriters... 3. or in the event of death the person or persons having a cause of action for the death.PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT (FOR ATTACHMENT TO LLOYD'S AIRCRAFT LIABILITY POLICY (U. 5. If subsequent to an offer of voluntary settlement being made in respect of any passenger any claim suit or demand is made or prosecuted against the Insured for damages on account of such bodily injuries or death. 2... For permanent total disablement other than by loss of limbs or sight the amount offered shall not exceed the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement.... reasonably obtainable information pertaining to injuries sustained by passengers. "TOTAL LOSS OF SIGHT" means loss of sight which is certified as being entire and irrecoverable by a licensed physician specialising in ophthalmology. "PERMANENT TOTAL DISABLEMENT" means disablement which has for twelve months from the date of the accident necessarily and continuously disabled the passenger from attending to business or occupation of any and every kind or if he has no business or occupation confined him immediately and continuously to the house and prevented him from attending to any of his usual duties (if any) and at the expiry of that twelve months period being beyond hope of improvement.. or For total loss of one limb or total loss of sight of one eye the amount offered shall not exceed one half of the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement.A. Subject to the limit for "each passenger" the total of the amounts which the Underwriters shall offer on account of death or other loss sustained by two or more passengers in any one accident shall not exceed the amount expressed as the limit of settlement for "each accident" in the schedule of this Endorsement. in which circumstances the Underwriters will no longer be bound by the undertakings expressed in the preceding paragraphs. ADDITIONAL CONDITIONS (a) The Insured shall furnish...... it is agreed that the Underwriters will at the request of and regardless of legal liability of the Named Insured offer settlement on the basis of the benefits hereinafter set forth in respect of bodily injury accidentally sustained by any passenger provided that at the time of any accident causing such bodily injury Coverage "C" (Passenger Bodily Injury Liability) of the Policy is effective in respect of such accident. such claim suit or demand shall be considered as refusal to accept such voluntary settlement and the obligations of the Underwriters as expressed in Coverage "C" (Passenger Bodily Injury Liability) of the Policy to which this Endorsement is attached. (b) In consideration of any settlement under the provisions of this Endorsement and as a condition precedent thereto. ADDITIONAL EXCLUSIONS This Endorsement does not cover death of or bodily injury to any passenger caused by (a) his suicide or attempted suicide or intentional self-injury or own criminal or felonious act or by his own act whilst in a state of insanity or intoxication. the injured passenger and any person having a cause of action for such injuries... If the injured passenger or any person claiming by. shall be available as fully and completely as if this Endorsement had not been issued... In consideration of an additional premium of $. as soon as practicable after each request from the Underwriters. No. this insurance shall nevertheless remain effective. Make. and the Underwriters. Amphibian or Rotorcraft Limits of Settlement Each Passenger Each Accident _______________________________________________________________________________________ _____ It is understood and agreed that. 5/12/61 AVN 34 SPREADER CLAUSE “A” (FOR ATTACHMENT TO PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT) Notwithstanding anything contained herein to the contrary. then provided there is no violation of the limitations imposed by the Civil Aeronautics Authority and/or the Airworthiness Certificate as to seating capacity or maximum allowable gross weight. this Endorsement is subject to the terms. The Limit of Settlement to be offered for loss of one limb or loss of sight of one eye shall also be reduced pro rata. but the Limit of Settlement to be offered under the said Endorsement for death or loss of two limbs or loss of sight of two eyes or loss of one limb and loss of sight of one eye or permanent total disablement in respect of any passenger shall be calculated by dividing the “each accident” limit stated in the said Endorsement by the total number of passengers in the Aircraft. It is further understood and agreed that except as specifically provided in the foregoing to the contrary. exclusions.It is agreed that as respects the provisions of this Endorsement Exclusion (8) of the Policy is deleted.A. Seaplane. but if the passenger is subsequently found to be living the Insured shall take all reasonable steps to recover on behalf of the Underwriters any sums so paid. The Underwriters shall not be liable under the terms of this Endorsement for any payment which may be used to satisfy that obligation for which the Insured or his Insurer may be held liable under a Workmen's Compensation Law neither shall this Endorsement apply to loss suffered by passengers carried for hire or reward or by pilots or other members of the crew of the Aircraft.A. Skiplane. except as specifically provided in the foregoing to the contrary. The Schedule Description of Aircraft F. exclusions. Reg. Model and Type * Declared Maximum number of Passengers to be carried at any one time (c) *Landplane. (d) This Endorsement also covers (subject otherwise to its terms. shall have no reason other than to presume his death in circumstances rendering them liable for the payment of the death benefit under this Endorsement they shall at the request of the Insured forthwith pay such benefit. 5/12/61 AVN 35 A-9 . conditions and limitations of the Policy to which it is attached. this Clause is subject to the terms. it is understood and agreed that if in any accident resulting in a claim under this insurance the number of passengers in the Aircraft exceeds the number stated in either the Schedule forming part of the Passenger Voluntary Settlement Endorsement or the Declarations in the main Policy. having examined all available evidence. (e) It is agreed that if a passenger disappears and his body is not found within a reasonable period of time. conditions and exclusions) death from drowning or death or disablement from exposure as the direct result of misfortune to the Aircraft i n connection with a flight covered hereunder. conditions and limitations of the Policy to which it is attached. (f) Except as provided by Conditions (d) and (e) above accidental death shall not be presumed by reason of the disappearance of any passenger. or a maximum period of one year. but the Limit of Settlement to be offered under the said Endorsement for death or loss of two limbs or loss of sight of two eyes or loss of one limb and loss of sight of one eye or permanent total disablement in respect of any passenger shall be calculated by dividing the “each accident” limit stated in the said Endorsement by the total number of passengers in the aircraft. 3. 2. DEFINITIONS "LOSS OF A LIMB" means loss by physical separation of a hand at or above the wrist or of a foot at or above the ankle. 5/12/61 AVN 36 (The following version of AVN. LIMITS OF SETTLEMENT For death or for total loss of two limbs or total loss of sight of two eyes or total loss of one limb and total loss of sight of one eye the amount offered shall not exceed the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement. exclusions.10 .1B) PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT 1. In consideration of an additional premium of $ . ADDITIONAL EXCLUSIONS This Endorsement does not cover death of or bodily injury to any passenger caused by (a) his suicide or attempted suicide or intentional self-injury or own criminal or felonious act or by his own act whilst in a state of insanity or intoxication. For permanent total disablement other than by loss of limbs or sight the amount offered shall not exceed the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement. Nevertheless this insurance shall be null and void in the event that the number of passengers carried in the Aircraft at the time of the accident exceeds that declared in the Policy. it is agreed that the Insurers will at the request of and regardless of legal liability of the Named Insured offer settlement on the basis of the benefits hereinafter set forth in respect of bodily injury accidentally sustained by any passenger provided that at the time of any accident causing such bodily injury Section III (Legal Liability to Passengers) of the policy is effective in respect of such accident. this Clause is subject to the terms. 4. (b) disease or natural causes. Subject to the limit for "each passenger" the total of the amounts which the Insurers shall offer on account of death or other loss sustained by two or more passengers in any one accident shall not exceed the amount expressed as the limit of settlement for "each accident" in the schedule of this Endorsement.34 has been amended for use with AVN. The Limit of Settlement to be offered for loss of one limb or loss of sight of one eye shall also be reduced pro rata. or For total loss of one limb or total loss of sight of one eye the amount offered shall not exceed one half of the amount expressed as the limit of settlement for "each passenger" in the schedule of this Endorsement. conditions and limitations of the Policy to which it is attached.SPREADER CLAUSE “B” (FOR ATTACHMENT TO PASSENGER VOLUNTARY SETTLEMENT ENDORSEMENT) Notwithstanding anything contained herein to the contrary. this insurance shall nevertheless remain effective. A . It is further understood and agreed that except as specifically provided in the foregoing to the contrary. or medical or surgical treatment (except where such treatment is rendered necessary by bodily injury caused by accident within the scope of this Endorsement). it is understood and agreed that if in any accident resulting in a claim under this insurance the number of passengers in the Aircraft exceeds the number stated in the Schedule forming part of the Passenger Voluntary Settlement Endorsement. then provided there is no violation of the limitations imposed by the Civil Aeronautics Authority and/or the Airworthiness Certificate as to seating capacity or maximum allowable gross weight. "TOTAL LOSS OF SIGHT" means loss of sight which is certified as being entire and irrecoverable by a licensed physician specialising in ophthalmology. "PERMANENT TOTAL DISABLEMENT" means disablement which has for twelve months from the date of the accident necessarily and continuously disabled the passenger from attending to business or occupation of any and every kind or if he has no business or occupation confined him immediately and continuously to the house and prevented him from attending to any of his usual duties (if any) and at the expiry of that twelve months period being beyond hope of improvement. without notice. having examined all available evidence. ADDITIONAL CONDITIONS (a) The Insured shall furnish. shall have no reason other than to presume his death in circumstances rendering them liable for the payment of the death benefit under this Endorsement they shall at the request of the Insured forthwith pay such benefit. Make. or in the event of death the person or persons having a cause of action for the death. such claim suit or demand shall be considered as refusal to accept such voluntary settlement and the obligations of the Insurers as expressed in Section III (Legal Liability to Passengers) of the policy to which this Endorsement is attached. If the injured passenger or any person claiming by. Amphibian or Rotorcraft Limits of Settlement Each Passenger Each Accident It is understood and agreed that. (e) It is agreed that if a passenger disappears and his body is not found within a reasonable period of time. shall be available as fully and completely as if this Endorsement had not been issued. and the Insurers. In the event of death immediate notice must be sent to the Insurers. or a maximum period of one year. Model and Type * Declared Maximum number of Passengers to be carried at any one time. as soon as practicable after each request from the Insurers. reasonably obtainable information pertaining to injuries sustained by passengers. conditions and exclusions) death from drowning or death or disablement from exposure as the direct result of misfortune to the aircraft in connection with a flight covered hereunder. (b) In consideration of any settlement under the provisions of this Endorsement and as a condition precedent thereto. this Endorsement is subject to the terms. shall in the manner required by the Insurers. in which circumstances the Insurers will no longer be bound by the undertakings expressed in the preceding paragraphs. except as specifically provided in the foregoing to the contrary.A. Seaplane. *Landplane. (f) Except as provided by Conditions (d) and (e) above accidental death shall not be presumed by reason of the disappearance of any passenger. If subsequent to an offer of voluntary settlement being made in respect of any passenger any claim suit or demand is made or prosecuted against the Insured for damages on account of such bodily injuries or death. through or under him shall fail to accept in writing within thirty (30) days from the date of offering the voluntary settlement under the provisions of this Endorsement or to execute the necessary release then the Insurers may withdraw the offered voluntary settlement. the injured passenger and any person having a cause of action for such injuries.A. but if the passenger is subsequently found to be living the Insured shall take all reasonable steps to recover on behalf of the Insurers any sums so paid. (c) It is agreed that as respects the provisions of this Endorsement Exclusion 2(i) applicable to Section III of the Policy is deleted. The Schedule Description of Aircraft F. Reg. 1/3/85 Avn 34 (Amended for use with AVN 1B) A . Skiplane.11 . The Insurers shall not be liable under the terms of this Endorsement for any payment which may be used to satisfy that obligation for which the Insured or his Insurer may be held liable under a Workmen's Compensation Law neither shall this Endorsement apply to loss suffered by passengers carried for hire or reward or by pilots or other members of the crew of the aircraft. exclusions. (d) This Endorsement also covers (subject otherwise to its terms. No. conditions and limitations of the policy to which it is attached. execute a full legal release of all claims for damages against the Insured and/or the crew of the aircraft and/or any employee of the Insured and/or any person whom the Insured has agreed to indemnify or hold harmless except claims for which the Insured or any Company as his Insurer may be held liable under any Workmen's Compensation Law.5. gamma and low toxicity alpha emitters All other emitters Maximum permissible level of non-fixed radioactive surface contamination (Averaged over 300cm²) Not exceeding 4 Bequerels/cm² (10-4 microcuries/cm²) Not exceeding 0. educational or industrial purpose. explosive or other hazardous properties of. destruction. toxic. 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. 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”. including storage or handling incidental thereto. including any nuclear energy liability policy. or (ii) any person or organization is required to maintain financial protection pursuant to legislation in any country. expense or legal liability in respect of the nuclear risks not excluded by reason of paragraph (2) shall (subject to all other terms. damage. (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. or the toxic. or had this Policy not been issued would be. unless the carriage shall have been subject to any more restrictive legislation.7. medical. Loss. (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. including storage or handling incidental thereto. warranties and exclusions of this Policy) be covered. conditions. provided that: (i) in the case of any claim in respect of radioactive material in the course of carriage as cargo. AVN. any other radioactive material in the course of carriage as cargo. (b) the radioactive properties of. explosive or other hazardous properties of. agricultural.12 .4 Bequerels/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. 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. any other radioactive source whatsoever. or (iii) the Insured under this Policy is.96 A .(1) (2) (3) (4) NUCLEAR RISKS EXCLUSION CLAUSE 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. limitations. or a combination of radioactive properties with toxic. explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. when it shall in all respects have complied with such legislation. (ii) radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific. This Policy. (c) ionizing radiations or contamination by radioactivity from.38B 22. however. entitled to indemnification from any government or agency thereof. 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. commercial. ......96 A .... 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... or when the Insured takes charge of registered/checked baggage and/or cargo..DOCUMENTS OF CARRIAGE CLAUSE 1.. AVN 64A 1. Outgo (1) All settled claims and related expenses less any salvages and recoveries...% of premium less all returns of premium.............. Insurers agree to return to the Insured a provisional profit commission of ...% of premium less all returns of premium. 3.... Outgo Total of settled claims and related expenses less any salvages and recoveries.10....% of the net ascertained profit in respect of this period of insurance....10.. 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. the Conditions of Contract (including any applicable Tariff or Conditions of Carriage) and the usage thereof are either (i) or (ii) in accordance with current and relevant Resolutions adopted by members of the International Air Transport Association approved in writing by Insurers in any other case... adjustments to the provisional profit commission calculated shall be made on an annual basis until all outstanding claims have been settled or unless otherwise mutually agreed between the Insurers and the Insured. baggage ticket/check or an air consignment note/air waybill (whichever is relevant to liability covered by this Policy) of which the form.. In the event of failure by the Insured to comply with the foregoing condition..96 PROFIT COMMISSION ON RENEWAL CLAUSE After expiry of the Policy and following the receipt by the Insurers of the final adjustment of all premiums due and settlement of all claims in respect of this period of insurance and subject to renewal with the Insurers hereon. 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 suitable evidence of compliance with the foregoing is preserved and made available to Insurers upon request (b) 2...10..... AVN 64B 1.. subject always to the Policy limits.. Thereafter. 1..96 Aviation 42 PROFIT COMMISSION ON RENEWAL CLAUSE After expiry of the Policy and following the receipt by the Insurers of the final adjustment of the premium due in respect of this period of insurance and subject to renewal with the Insurers hereon. As used herein: “Document of Carriage” means a passenger ticket..... (2) Insurers' reserves for all claims outstanding and related expenses. Insurers agree to return to the Insured a profit commission of .13 .....% of the net ascertained profit in respect of this period of insurance. The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows:Income ........... The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows:Income .. Tariff(s). Conditions of Contract or of Carriage. unless otherwise agreed. or any amendment or supplement to that Convention whether by means of Protocol.10.14 . 1929. 1. 1. then either party shall have the right to give 30 days notice of cancellation of the Policy.1. or alternatively Copies of Agreements between carriers requiring the parties thereto to enter into Special Contracts. new or supplemental Convention or otherwise. Subject to the prior approval of Insurers and in consideration of additional premium this Policy may be extended to cover the Insured's legal liability in respect of Special Contracts. become operative if and when the events (or event) relevant to the aforesaid revision become(s) effective. MUTUAL REVISION CLAUSE (AVIATION LIABILITY) As used herein "Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw. 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. additional. SPECIAL CONTRACTS. or (ii) any other agreement between the Insured and a passenger whereby the Insured assumes increased legal liability in respect of the passenger's death or injury. and in contemplation of any of the above events. October 12th. Any condition of the Policy relating to contractual agreements is varied only as may be necessary to the extent herein provided. 1. 3. either the Insured or the Insurers shall have the right to request a revision of terms and conditions. October 12th 1929 or any amendment or supplement to that Convention whether by means of Protocol. Revised terms and conditions agreed by the parties hereto shall.10. the Warsaw Convention or if the Warsaw Convention ceases to apply in respect of any State or Territory where it was previously in force. 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. Special Contracts which have been approved as aforesaid are identified by the documents annexed hereto being either Specimen Tickets. additional. 2. new or supplemental Convention or otherwise. become operative if and when the events (or event) relevant to the aforesaid revision become(s) effective. and in contemplation of any of the above events. Nothing herein shall be deemed to alter the limits of Insurers' liability as specified in the Policy. unless otherwise agreed. 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. Revised terms and conditions agreed by the parties hereto shall. As used herein "Special Contract" means (i) an agreement between the Insured and a passenger for a higher limit of liability in accordance with Article 22(1) of the Warsaw Convention.96 AVN 44A A . 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. 3. MUTUAL REVISION. 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. then either party shall have the right to give 30 days’ notice of cancellation of the Policy. (b) Any alteration of liability by national legislation or in conformity with any Government or other official requirement THEN notwithstanding any other provisions of the Policy. 4.96 AVN 44 PASSENGER LIABILITY (MUTUAL REVISION & SPECIAL CONTRACTS) CLAUSE As used herein "Warsaw Convention" means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw. 2. either the Insured or the Insurers shall have the right to request a revision of terms and conditions. and Notices to Passengers. or accession or adherence to. or accession or adherence to. 96 AVN 48B A . HI-JACKING AND OTHER PERILS EXCLUSION CLAUSE (AVIATION) This Policy does not cover claims caused by (a) (b) (c) (d) (e) (f) (g) War. With respect to any provision in the Policy concerning any duty of Insurers to investigate or defend claims. rebellion.96 Where this clause needs to be amended for Products Liability the following clause should be added:Paragraph 1. detention. AVN 46B 1. vibration. 1. The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the Aircraft to the Insured at an airfield not excluded by the geographical limits of this Policy. nationalisation. invasion. In respect of any Combined Claims. 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. Furthermore this Policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils. hostilities (whether war be declared or not). Any act of one or more persons. for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. interference with the use of property. civil commotions or labour disturbances. martial law. claims excluded by Paragraph 1 or a claim or claims covered by the Policy when combined with any claims excluded by Paragraph 1 (referred to below as "Combined Claims"). 4. Strikes. Insurers shall (subject to proof of loss and the limits of the Policy) reimburse the Insured for that portion of the following items which may be allocated to the claims covered by the Policy: (i) (ii) damages awarded against the Insured and defence fees and expenses incurred by the Insured. and entirely suitable for the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut down and under no duress). whether or not agents of a sovereign Power. sonic boom and any phenomena associated therewith. Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this Policy. riots. electrical and electromagnetic interference. revolution. This Policy does not cover claims directly or indirectly occasioned by. civil war. acts of foreign enemies.10. military or usurped power or attempts at usurpation of power.15 . restraint. pollution and contamination of any kind whatsoever. happening through or in consequence of:(a) (b) (c) (d) noise (whether audible to the human ear or not). insurrection. such provision shall not apply and Insurers shall not be required to defend (a) (b) 3.NOISE AND POLLUTION AND OTHER PERILS EXCLUSION CLAUSE 1. seizure. Confiscation. requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority. Any malicious act or act of sabotage. 2. WAR. unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation.(b) of the above clause shall not apply to the pollution or contamination of products sold or supplied by the Insured. Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. appropriation.10. ...... to liability for loss of or damage to the Aircraft or any consequential loss arising therefrom when the Aircraft is used by the Named Insured for hire and reward.... 2.............. (b)..EXTENDED COVERAGE ENDORSEMENT (AIRCRAFT HULLS) Notwithstanding the contents of the War..... This Endorsement attaches to and forms part of Policy No......... The above extension shall only apply to the extent that the loss or damage is not otherwise excluded by (a).......................... ALWAYS PROVIDED the Named Insured : 1...... 3............. and is effective from the ....... including crew......... 4...... cover granted under this Policy applies to Aircraft used by the Named Insured but not so declared.... Hi-jacking and Other Perils Exclusion Clause forming part of this Policy...... THIS ENDORSEMENT does not apply : All other terms and conditions of the Policy remain unchanged................10.. (a) (b) (c) (d) AVN 54 1.. IT IS HEREBY UNDERSTOOD AND AGREED that this Policy is extended to cover claims caused by the following risks:(i) (ii) (iii) Strikes......... This Endorsement does not provide coverage for the Additional Insured with respect to claims arising out of their legal liability as manufacturers............................. it is understood and agreed that in addition to the Aircraft declared hereunder... civil commotions or labour disturbances.... Hi-jacking and Other Perils Exclusion Clause 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 excess of ....16 has no interest in the Aircraft as owner in whole or in part exercises no part in the servicing or maintenance of the Aircraft exercises no part in the appointment or provision of personnel for the operation of the Aircraft.. repairers............................. are added as an Additional Insured but only insofar as their interests arise as owners (in whole or in part) of the insured Aircraft and only with respect to the operation of the Aircraft by the Named Insured...... 3......... 1. (d) and (f) of the War.......96 AVN 51 ADDITIONAL INSURED ENDORSEMENT (LIABILITIES) It is hereby understood and agreed that .... 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...................10....... handled or distributed by the Named Insured to any Aircraft having a seating capacity........(in the aggregate during the Policy period) the Insured has paid or has agreed to pay the additional premium of ........ ... repairers................ to liability arising out of any product manufactured..... ......................... suppliers or servicing agents and shall not operate to prejudice Insurers' rights of recourse against the Additional Insured as manufacturers.. sold.......96 AVN 53 NON-OWNED AIRCRAFT ENDORSEMENT In consideration of an additional premium of .... 1...................10..96 A ....required by the Insurers in respect of this extension the insurance provided by this endorsement may be cancelled by the Insurers giving notice effective on the expiry of seven days from midnight GMT on the day on which notice is issued........... 2........................... riots. suppliers or servicing agents where such rights of recourse would have existed had this Endorsement not been effected under this Policy............... Any malicious act or act of sabotage....... ... (f) and/or (g) of Clause AVN 48B . France..... AVN 52C 1. 3.(ii) above.... namely.10.59 hours GMT on the day on which notice is given.... 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 Canada and the United States of America unless caused by or arising out of the use of aircraft. of Clause AVN 48B forming part of this Policy are deleted SUBJECT TO all terms and conditions of this Endorsement....EXTENDED COVERAGE ENDORSEMENT (AVIATION LIABILITIES) 1..... all subparagraphs other than ... (ii) or (iii) occurs..... the United Kingdom......... 4.96 2.. the People's Republic of China.such notice to become effective on the expiry of forty-eight hours from 23... WHEREAS the Policy of which this Endorsement forms part includes the War........ (d) Notices All notices referred to herein shall be in writing.. then the cover provided by this Endorsement (unless otherwise cancelled......such notice to become effective on the expiry of seven days from 23.. AUTOMATIC TERMINATION To the extent provided below. Hi-Jacking and Other Perils Exclusion Clause (Clause AVN 48B).....59 hours GMT on the day on which such notice is given.. A . the Russian Federation..... (b) Limited Cancellation (48 hours) Following a hostile detonation as specified in 3. it is hereby understood and agreed that with effect from . the United States of America (ii) Any cover extended in respect of the deletion of sub-paragraph (a) of Clause AVN 48B ... 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.. (d)..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 .. IN CONSIDERATION of an Additional Premium of ...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... (e).upon such requisition PROVIDED THAT if an Insured Aircraft is in the air when (i). REVIEW AND CANCELLATION (a) Review of Premium and/or Geographical Limits (7 days) Insurers may give notice to review premium and/or geographical limits .. terminated or suspended) shall continue in respect of such an Aircraft until completion of its first landing thereafter and any passengers have disembarked... Insurers may give notice of cancellation of one or more parts of the cover provided by paragraph 1... of this Endorsement by reference to subparagraphs (c).18 .. disease. Such coverage shall continue until cancelled by Insurers or their authorised representative giving the appropriate notice. fright.96.4 5. 6.10. *Hereon insert expiry date of Policy.1 4. Bodily Injury to or sickness. 7.10. sickness. Issued in the name of IT IS UNDERSTOOD AND AGREED THAT:1. conditions.96 DoT 14 CFR PART 205 REINSURANCE It is noted and agreed that the Reinsured hereon has endorsed the original policy with AVN 57A (or such other clauses as may be agreed) falling under DoT 14 CFR Part 205. AVN 58A (R) 1.12.AUSTRALIA (applicable to Passenger Liability only) Attaching to and forming part of Policy No. War Exclusion Clause AVN 48B paragraphs (a) and (b) or equivalent clause(s). AVN 56 10. As used herein "Engine" means an engine for propulsion or auxiliary power complete with all parts necessary for test cell running. AVN 57A (Australia) 1. disease or death of any employee arising out of and in the course of his/her employment. Nuclear Risks Exclusion Clause AVN 38B or equivalent clause(s). A . conditions. limitations and exclusions of the Policy shall apply to claims made under the Policy which (a) are in excess of the limits specified in the said Act or (b) are not governed by the provisions of the said Act. flood. 4. Such coverage shall be within the limits of liability in the Policy and not in addition to or in excess thereof. The Policy to which this endorsement is attached is hereby amended to provide coverage in compliance with the prescribed requirements referred to in Part IVA subsection 41C(2) of the Civil Aviation (Carriers’ Liability) Act 1959. Unless the Policy otherwise provides the following exclusions not prohibited by the provisions of the said Act shall apply:4. The terms. outbreak of fire external to the Engine or by sudden and unexpected impact with a foreign object requiring immediate withdrawal of the Engine from service.19 ) unless otherwise . All Reinsurers hereon agree to follow except that their Liability will cease on (* specifically agreed by all Reinsurers hereon. If Insurers are called upon to provide coverage to the Insured in compliance with the said Act including the defence and legal costs associated therewith and if by reason of the terms.ENGINE ENDORSEMENT Any claim in respect of an Engine is restricted to loss or damage caused by theft. limitations and exclusions of the Policy such coverage would not have been provided except for this endorsement then the Insured will reimburse Insurers for such payments made in providing coverage under the said Act. shock or mental anguish including death resulting therefrom.2 4.80 CIVIL AVIATION (CARRIERS’ LIABILITY) ACT 1959 . Noise and Pollution and Other Perils Exclusion Clause AVN 46B or equivalent clause(s). 3.3 4. The coverage for personal injury as required by the said Act to be provided by the Policy to which this endorsement is attached shall be understood to mean bodily injury. lightning. 2. Subject otherwise to all terms and conditions of the Policy. .... AVN 61 1. 5) AVN 57A (Switzerland) 1...96 CROSS LIABILITY CLAUSE In consideration of an additional premium of . The terms. In respect of claims adjusted on the basis of a total loss Insurers shall pay to the Insured the Agreed Value of the Aircraft as stated in the Policy Schedule less any applicable deductible.. Injury to or destruction of property owned rented leased or loaned to or occupied or used by the Insured. the inclusion of Additional Insureds under this Policy shall not preclude the right of recovery hereon by the Original Insured named below in respect of claims made against them by such Additional Insureds or the employees of such Additional Insureds..20 ....96 AGREED VALUE CLAUSE It is hereby understood and agreed that in consideration of the insured Aircraft being covered on an Agreed Value basis all reference herein to replacement shall be deemed to be deleted but only in respect of claims adjusted on the basis of a total loss.... Where the coverage provided by this Policy is also provided by other policy or policies..96 A . then this Policy shall only pay that amount which is in excess of the amount(s) which would have been payable under such other policy(ies) had this insurance not been effected. Original Insured: AVN 63 1.. Nuclear Risks Exclusion Clause AVN 38B or equivalent clause(s).... conditions. whether by endorsement or otherwise. but in no event shall there be any abandonment to Insurers.. The foregoing provision shall not apply to claims arising in respect of partial loss or damage where Insurers shall retain the right to repair.. Noise and Pollution and Other Perils Exclusion Clause AVN 46B or equivalent clause(s).. limitations and exclusions of the Policy such coverage would not have been provided except for the provisions of this endorsement then the Insured will reimburse the Insurers for such payments made in providing such coverage.10.10. 2) 3) If Insurers are called upon to provide coverage to the Insured in compliance with the said Air Navigation Act or Air Navigation Decree including the defence and legal costs associated therewith and if by reason of the terms. Unless the Policy otherwise provides the following exclusions apply:i) ii) iii) iv) v) 4) War Hi-jacking and Other Perils Exclusion Clause AVN 48B paragraphs (a) and (b) or equivalent clause(s). Insurers may..10. disease or death of any employee arising out of and in the course of his/her employment.. Notwithstanding the inclusion herein of more than one Insured........... take the salvage of such Aircraft... Bodily injury to or sickness. 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. at their discretion..SWITZERLAND AIR NAVIGATION ACT 21st DECEMBER 1948 AIR NAVIGATION DECREE 14th NOVEMBER 1973 (HEREINAFTER CALLED "THE ACTS") AIRCRAFT THIRD PARTY LEGAL LIABILITY IT IS UNDERSTOOD AND AGREED THAT:1) The Policy to which this endorsement is attached is hereby amended to provide cover as required by the regulations of the Acts in respect of bodily injury or property damage caused to third parties on the ground up to the limits specified therein.. conditions.. Such coverage shall be within the limits of liability in the Policy and not in addition to or in excess thereof. limitations and exclusions of the Policy shall continue to apply to claims made under the Policy which (a) are in excess of the limits specified above or (b) are not governed by the said Air Navigation Act or Air Navigation Decree. together with all appropriate documents appertaining thereto... replace or make good as they deem expedient..... .....12.......21 . AVN 57A (USA) 1...... 6.. Nuclear Risks Exclusion Clause AVN 38B or equivalent clause(s)... Bodily injury to or sickness disease or death of any employee arising out of and in the course of his/her employment.. All other terms and conditions of this Policy remain unchanged... This clause does not extend the Policy to cover salvage costs and expenses....... Issued in the name of IT IS UNDERSTOOD AND AGREED THAT:– 1.. Provided always that Insurers' liability shall not exceed .. Injury to or destruction of property owned rented leased or loaned to or occupied or used by the Insured.. 3..... AVN 62 1. cabin or other crew whilst engaged in the operation of the Aircraft..... The Policy to which this endorsement is attached is hereby amended to provide coverage in compliance with the provisions of Part 205.. War Exclusions Clause AVN 48B paragraphs (a) and (b) or equivalent clause(s). 4.. it is agreed that this Policy is extended to indemnify the Insured for any reasonable expenses incurred for the purpose of search and rescue operations for an Aircraft insured hereunder determined to be missing and unreported after the computed maximum endurance of the flight has been exceeded..96 CREW EXCLUSION CLAUSE This Policy does not cover claims arising from bodily injury (fatal or otherwise) or property damage suffered by any member of the flight.. 2....... Noise and Pollution and Other Perils Exclusion Clause AVN 46B or equivalent clause(s)..........DoT 14 CFR PART 205 (HEREINAFTER CALLED "PART 205") AIRCRAFT ACCIDENT LIABILITY INSURANCE Attaching to and forming part of Policy No.. AVN 68 14... Such coverage shall continue until cancelled by Insurers or their authorised representative giving the appropriate notice... The terms conditions limitations and exclusions of the Policy shall apply to claims made under the Policy which (a) are in excess of the limits specified in Part 205 or (b) are not governed by the provisions of Part 205.. If Insurers are called upon to provide coverage to the Insured in compliance with Part 205 including the defence and legal costs associated therewith and if by reason of the terms conditions limitations and exclusions of the Policy such coverage would not have been provided except for this endorsement then the Insured will reimburse Insurers for such payments made in providing coverage under Part 205... Unless the Policy otherwise provides the following exclusions not prohibited by the provisions of Part 205 shall apply:(i) (ii) (iii) (iv) (v) 5. in respect of any one search and rescue operation and in the aggregate...10.. Such coverage shall be within the limits of liability in the Policy and not in addition to or in excess thereof..96 SEARCH AND RESCUE EXTENSION CLAUSE In consideration of an additional premium of ....10.90 A .. 2000 A .96 NUCLEAR RISKS EXCLUSION CLAUSE This Policy does not cover: (i) (ii) 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 any legal liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from: (a) (b) the radioactive. 3. toxic. War Exclusions Clause AVN 48B paragraphs (a) and (b) or equivalent clause(s).CANADIAN TRANSPORTATION AGENCY AIR TRANSPORTATION REGULATIONS: PRESCRIBED LIABILITY INSURANCE COVERAGE . Noise and Pollution and Other Perils Exclusion Clause AVN 46B or equivalent clause(s).SECTION 7 (HEREINAFTER CALLED "SECTION 7") AIRCRAFT ACCIDENT LIABILITY INSURANCE Attaching to and forming part of Policy No. AVN.2. If Insurers are called upon to provide coverage to the Insured in compliance with Section 7 including the defence and legal costs associated therewith and if by reason of the terms conditions limitations and exclusions of the Policy such coverage would not have been provided except for this endorsement then the Insured will reimburse Insurers for such payments made in providing coverage under Section 7. The terms conditions limitations and exclusions of the Policy shall apply to claims made under the Policy which (a) are in excess of the limits specified in Section 7 or (b) are not governed by the provisions of Section 7. 5. any other radioactive source whatsoever.96 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE The rights of a person who is not a party to this insurance or reinsurance to enforce a term of this insurance or reinsurance and/or not to have this insurance or reinsurance rescinded. ionizing radiations or contamination by radioactivity from. Injury to or destruction of property owned rented leased or loaned to or occupied or used by the Insured.22 . The Policy to which this endorsement is attached is hereby amended to provide coverage in compliance with the provisions of Section 7. Such coverage shall be within the limits of liability in the Policy and not in addition to or in excess thereof.7. Unless the Policy otherwise provides and to the extent permitted by the provisions of Section 7. AVN 72 9. 2. AVN 57C (Canada) 1. explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof. or the toxic. varied or altered without his consent by virtue of the provisions of the Contracts (Rights of Third Parties) Act 1999 are excluded from this insurance or reinsurance. Bodily injury to or sickness disease or death of any employee arising out of and in the course of his/her employment. Issued in the name of IT IS UNDERSTOOD AND AGREED THAT:1.71 22. the following exclusions shall apply:(i) (ii) (iii) (iv) (v) 4.10. explosive or other hazardous properties of. Nuclear Risks Exclusion Clause AVN 38B or equivalent clause(s). The limit of liability applicable to Personal Injury claims shall be . 6....10. except as specifically provided in the foregoing to the contrary. any one offence and in the aggregate during the Policy period being within the overall Policy limit and not in addition thereto.NON-AVIATION LIABILITY CLAUSE This Policy does not cover the Insured's liability unless it arises from one or more of the following:1. restraint..... 4. False arrest. AVN 59 1.. 5. It is understood and agreed that... 2. 2.10.... Occurrences involving aircraft or parts or equipment relating thereto. present or potential employment of such person by the Insured. AVN 60 1. The publication or utterance of a libel or slander or of other defamatory or disparaging material in violation of an individual's right of privacy except publication or utterance in the course of or related to advertising. 3. Wrongful entry. this extension in coverage is only applicable where coverage is provided in accordance with Clause AVN 59. 3. detention or imprisonment. Occurrences arising out of the supply of goods or services to others (i) in connection with the use and/or operation of aircraft (ii) involved in the air transport industry.. 4.. surgeon..96 A .. Inadvertent discrimination with respect to withholding or refusal of transportation except with respect to overbooking. Malicious prosecution..... Incidental medical malpractice error or mistake by a physician..... The following additional exclusions shall apply to the Insurance provided by this extension:(a) (b) (c) liability assumed by the Named Insured under any contract or agreement personal injury arising out of the wilful violation of penal statute or ordinance committed by or with the knowledge or consent of the Named Insured personal injury arising out of offence 5 above (i) (ii) (d) if the first injurious publication or utterance of the same or similar material was made prior to the effective date of this insurance if such publication or utterance was made by or at the direction of the Insured with the knowledge of the false nature thereof liability for personal injury sustained by any person directly or indirectly related to the past. nurse.... broadcasting or telecasting activities conducted by or on behalf of the Named Insured..23 .. medical technician or other person performing medical services but only for or on behalf of the Insured in the provision of emergency medical relief.. eviction or other invasion of the right of private occupancy.96 PERSONAL INJURY EXTENSION The insurance provided by this Policy extends to include the Named Insured's legal liability for damages sustained by any person arising out of one or more of the following offences committed during the Policy period:1.... Occurrences arising at any other location in connection with the Insured's business of transporting passengers or goods by air. Occurrences arising at airport locations. 1 Subject to the provisions of this Endorsement. suit or proceeding instituted by or on behalf of the Insured or any beneficiary hereunder arising out of this contract of insurance. or to the order of the Contract Party(ies). AVN 65 10. and hereby designate the above-named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Insurers shall be entitled to the benefit of salvage in respect of any property for which a claims settlement has been made. Nothing in this Clause constitutes or should be understood to constitute a waiver of Insurers' rights to commence an action in any Court of competent jurisdiction in the United States. Under the Legal Liability Insurance 2. with respect to losses occurring during the period from the Effective Date until the expiry of the Insurance or until the expiry or agreed termination of the Contract(s) or until the obligations under the Contract(s) are terminated by any action of the Insured or the Contract Party(ies). Insurers will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. whichever shall first occur.87 AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT It is noted that the Contract Party(ies) have an interest in respect of the Equipment under the Contract(s). 1.SERVICE OF SUIT CLAUSE (U. at the request of the Insured. and that in any suit instituted against any one of them upon this contract.A. It is further agreed that service of process in such suit may be made upon Messrs.) It is agreed that in the event of the failure of the Insurers hereon to pay any amount claimed to be due hereunder. settlement (net of any relevant Policy Deductible) shall be made with such party(ies) as may be necessary to repair the Equipment unless otherwise agreed after consultation between the Insurers and the Insured and. in respect of the said interest of the Contract Party(ies) and in consideration of the Additional Premium it is confirmed that the Insurance afforded by the Policy is in full force and effect and it is further agreed that the following provisions are specifically endorsed to the Policy:1. United States of America. The Insurance provided hereunder shall be primary and without right of contribution from any other insurance which may be available to the Contract Party(ies). Notwithstanding the foregoing the total liability of Insurers in respect of any and all Insureds shall not exceed the limits of liability stated in the Policy. Accordingly. The above-named are authorized and directed to accept service of process on behalf of Insurers in any such suit and/or upon the request of the Insured to give a written undertaking to the Insured that they will enter a general appearance upon Insurers' behalf in the event that such a suit shall be instituted. New York.S. or to seek a transfer of a case to another Court as permitted by the laws of the United States or of any State in the United States. Such payments shall only be made provided they are in compliance with all applicable laws and regulations. pursuant to any statute of any state. but this provision shall not operate to include any claim howsoever arising in respect of loss or damage to the Equipment insured under the Hull or Spares Insurance of the Insured. where necessary under the terms of the Contract(s). will submit to the jurisdiction of a Court of competent jurisdiction within the United States. the Contract Party(ies). 2.2 A . territory or district of the United States which makes provision therefor.8. NY 10019/6829. or his successor or successors in office.24 .2 2. In respect of any other claim. the Insurers hereon. Under the Hull and Aircraft Spares Insurances 1. Commissioner or Director of Insurance or other officer specified for that purpose in the statute. Mendes and Mount. Insurers hereon hereby designate the Superintendent. the Insurance shall operate in all respects as if a separate Policy had been issued covering each party insured hereunder. Further.1 In respect of any claim on Equipment that becomes payable on the basis of a Total Loss. to remove an action to a United States District Court. settlement (net of any relevant Policy Deductible) shall be made to. 750 Seventh Avenue. as their true and lawful attorney upon whom may be served any lawful process in any action. Equipment (Specify details of any aircraft. Insurers shall to the extent and in respect of such payment be thereupon subrogated to all legal and equitable rights of the Contract Party(ies) indemnified hereby (but not against any Contract Party). The provisions of this Endorsement apply to the Contract Party(ies) solely in their capacity as financier(s)/lessor(s) in the identified Contract(s) and not in any other capacity. At the expense of Insurers such Contract Party(ies) shall do all things reasonably necessary to assist the Insurers to exercise said rights. in addition. CONDITIONS.1 3.25 .94 A . 2.4 3. cover provided by this Endorsement may only be cancelled or materially altered in a manner adverse to the Contract Party(ies) by the giving of not less than Thirty (30) days notice in writing to the Appointed Broker.2 The Contract Party(ies) are included as Additional Insured(s). LIMITATIONS. Contract(s): Effective Date [being the date that the Equipment attaches to the Policy or a specific date thereafter]: Additional Premium: Appointed Broker: AVN. be given at normal expiry date of the Policy or any endorsement. however. Upon payment of any loss or claim to or on behalf of any Contract Party(ies). The cover afforded to each Contract Party by the Policy in accordance with this Endorsement shall not be invalidated by any act or omission (including misrepresentation and non-disclosure) of any other person or party which results in a breach of any term. or servicing agent of the Equipment.67B 28. 3. engines or spares to be covered): Policy Deductible applicable to physical damage to the Equipment [Insert all applicable Policy deductibles]: (a) Contract Party(ies): AND (b). Such notice will NOT.2. in respect of Legal Liability Insurances: 4. 5. Notice shall be deemed to commence from the date such notice is given by the Insurers. The Contract Party(ies) shall have no responsibility for premium and Insurers shall waive any right of set-off or counterclaim against the Contract Party(ies) except in respect of outstanding premium in respect of the Equipment. such consent not to be unreasonably withheld. 2. Insurers shall not exercise such rights without the consent of those indemnified. Knowledge that any Contract Party may have or acquire or actions that it may take or fail to take in that other capacity (pursuant to any other contract or otherwise) shall not be considered as invalidating the cover afforded by this Endorsement. THE POLICY SHALL NOT BE VARIED BY ANY PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN ENDORSEMENT OR AMENDMENT TO THE POLICY.3 3.5 3.6 EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE TERMS OF THIS ENDORSEMENT:1.3 3. Except in respect of any provision for Cancellation or Automatic Termination specified in the Policy or any endorsement thereof.9. WARRANTIES. 7. This Endorsement does not provide coverage for the Contract Party(ies) with respect to claims arising out of their legal liability as manufacturer. condition or warranty of the Policy PROVIDED THAT the Contract Party so protected has not caused. Under ALL Insurances 3. 6. 3. THE CONTRACT PARTY(IES) ARE COVERED BY THE POLICY SUBJECT TO ALL TERMS. SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT 1. contributed to or knowingly condoned the said act or omission. EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF. repairer. The Contract Party(ies) shall have no responsibility for premium and Insurers shall waive any right of set-off or counterclaim against the Contract Party(ies). such consent not to be unreasonably withheld. except in respect of outstanding premium in respect of the Equipment. or to the order of the Contract Party(ies). 4. WARRANTIES. In respect of any claim on Equipment that becomes payable on the basis of a Total Loss. 5. THE CONTRACT PARTY(IES) ARE COVERED BY THE POLICY SUBJECT TO ALL TERMS.26 . cover provided by this Endorsement may only be cancelled or materially altered in a manner adverse to the Contract Party(ies) by the giving of Seven (7) days (or such lesser period as may be customarily available) notice in writing to the Appointed Broker. Insurers shall to the extent and in respect of such payment be thereupon subrogated to all legal and equitable rights of the Contract Party(ies) indemnified hereby (but not against any Contract Party). 3. 6. The cover afforded to each Contract Party by the Policy in accordance with this Endorsement shall not be invalidated by any act or omission (including misrepresentation and non-disclosure) of any other person or party which results in a breach of any term. 2. Insurers shall not exercise such rights without the consent of those indemnified. where necessary under the terms of the Contract(s). be given at normal expiration date of the Policy or any endorsement. Insurers shall be entitled to the benefit of salvage in respect of any property for which a claims settlement has been made. 7. in respect of the said interest of the Contract Party(ies) and in consideration of the Additional Premium it is confirmed that the Insurance afforded by the Policy is in full force and effect and it is further agreed that the following provisions are specifically endorsed to the Policy:1. A . CONDITIONS. In respect of any other claim. EXCEPT AS SPECIFICALLY VARIED OR PROVIDED BY THE TERMS OF THIS ENDORSEMENT:1. Except in respect of any provision for Cancellation or Automatic Termination specified in the Policy or any endorsement thereof. condition or warranty of the Policy PROVIDED THAT the Contract Party so protected has not caused. Such payments shall only be made provided they are in compliance with all applicable laws and regulations. 2.AIRLINE FINANCE/LEASE CONTRACT ENDORSEMENT (HULL WAR) It is noted that the Contract Party(ies) have an interest in respect of the Equipment under the Contract(s). Notice shall be deemed to commence from the date such notice is given by the Insurers. Such notice will NOT however. THE POLICY SHALL NOT BE VARIED BY ANY PROVISIONS CONTAINED IN THE CONTRACT(S) WHICH PURPORT TO SERVE AS AN ENDORSEMENT OR AMENDMENT TO THE POLICY. Upon payment of any loss or claim to or on behalf of any Contract Party(ies). the Contract Party(ies). whichever shall first occur. contributed to or knowingly condoned the said act or omission. The provisions of this Endorsement apply to the Contract Party(ies) solely in their capacity as financier(s)/lessor(s) in the identified Contract(s) and not in any other capacity. Knowledge that any Contract Party may have or acquire or actions that it may take or fail to take in that other capacity (pursuant to any other contract or otherwise) shall not be considered as invalidating the cover afforded by this Endorsement. LIMITATIONS. 8. Accordingly. EXCLUSIONS AND CANCELLATION PROVISIONS THEREOF. settlement (net of any relevant Policy Deductible) shall be made to. such Contract Party(ies) shall do all things reasonably necessary to assist the Insurers to exercise said rights. The Contract Party(ies) are included as Additional Insured(s). settlement (net of any relevant Policy Deductible) shall be made with such party(ies) as may be necessary to repair the Equipment unless otherwise agreed after consultation between the Insurers and the Insured and. At the expense of Insurers. with respect to losses occurring during the period from the Effective Date until the expiry of the Insurance or until the expiry or agreed termination of the Contract(s) or until the obligations under the Contract(s) are terminated by any action of the Insured or the Contract Party(ies). 7. 3. software. misrepresentation. product liability. date or time. and/or the change of date from 21 August 1999 to 22 August 1999. failure to act or decision of the Insured or of any third party related to any such change of year. or any advice given or services performed in connection with any such change or modification. to passengers caused by an accident to an Insured Aircraft. integrated circuit.67B (Hull War) 28. AVN 2000 22. cost. chip or information technology equipment or system (whether in the possession of the Insured or of any third party) in anticipation of or in response to any such change of year. chip or information technology equipment or system (whether in the possession of the Insured or of any third party) accurately or completely to process. to any sums which the Insured shall become legally liable to pay. (c) and any provision in this Policy concerning any duty of Insurers to investigate or defend claims shall not apply to any claims so excluded. (b) any implemented or attempted change or modification of any computer hardware. exchange or transfer year. mail and cargo caused by an accident to an Insured Aircraft. date or time. date or time. engines or spares to be covered]: Policy Deductible applicable to physical damage to the Equipment [Insert all applicable Policy deductibles]: Contract Party(ies): Contract(s): Effective Date [being the date that the Equipment attaches to the Policy or a specific date thereafter]: Additional Premium: Appointed Broker: AVN. 2. software. fraud or otherwise) of any nature whatsoever arising from or occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly): (a) the failure or inability of any computer hardware. damage.94 DATE RECOGNITION EXCLUSION CLAUSE This Policy does not cover any claim. Equipment [Specify details of any aircraft. date or time data or information in connection with: the change of year from 1999 to 2000. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: (a) (b) accidental bodily injury. date or time. whether on or before or after such change of year.27 . expense or liability (whether in contract. fatal or otherwise. any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act. integrated circuit. and/or A .SCHEDULE IDENTIFYING TERMS USED IN THIS ENDORSEMENT 1. tort. Clause AVN 2000 shall not apply: (1) (2) to any accidental loss of or damage to an aircraft defined in the Policy Schedule ("Insured Aircraft"). 5. it is hereby understood and agreed that. and/or any other change of year. negligence. subject to all terms and provisions of this Endorsement.4. 6. 4. injury.98 DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000).9. and/or loss of or damage to baggage and personal articles of passengers. loss. fatal or otherwise. exclusions and cancellation provisions of the Policy (except as specifically provided herein). to be material to their decision to issue this Endorsement. Coverage provided pursuant to this Endorsement shall be subject to all terms. 2. fatal or otherwise. limitations. equipment and products. and accidental damage to property caused by an Insured Aircraft or by any person or object falling therefrom. AVN 2001 20. PROVIDED THAT: 1. AVN 2002 20. exclusions and cancellation provisions of the Policy (except as specifically provided herein). Clause AVN 2000 shall not apply to any sums which the Insured shall become legally liable to pay. and/or other documentation provided. it is hereby understood and agreed that. Nothing in this Endorsement shall provide any coverage: (a) (b) (c) 3.10. For the avoidance of doubt. and/or in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy. or loss of or damage to property caused by an aircraft accident occurring during the Policy period and arising out of a risk insured under the Policy. conditions. and/or in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy.(c) accidental bodily injury. 2. to be material to their decision to issue this Endorsement.10. Coverage provided pursuant to this Endorsement shall be subject to all terms. in respect of grounding of any aircraft. and/or other documentation provided.98 (Applicable to non Aircraft Liability only) A . fatal or otherwise. warranties. The Insured further agrees that it has a continuing obligation to disclose in writing to the Insurers during the Policy period any additional material facts relating to the Date Recognition Conformity of the Insured's operations. conditions. solely for the purposes of this paragraph (2) and without prejudice to the meaning of the words in any other context. The Insured recognises that the Insurers consider the information provided by the Insured in the application form. equipment and products. limitations. "bodily injury" shall mean only physical corporeal injury and unless arising directly therefrom shall not include mental or psychological injury. and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. applying in excess of any scheduled underlying insurance and/or in respect of any non aviation risks. The Insured recognises that the Insurers consider the information provided by the Insured in the application form. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: (1) (2) accidental bodily injury. or loss of or damage to property caused by an accident. The Insured further agrees that it has a continuing obligation to disclose in writing to the Insurers during the Policy period any additional material facts relating to the Date Recognition Conformity of the Insured's operations. warranties. and/or in respect of grounding of any aircraft. other than an aircraft accident. subject to all terms and provisions of this Endorsement. Nothing in this Endorsement shall provide any coverage: (a) (b) 3.98 (Applicable to Hull and Aircraft Liability Coverage) DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000). occurring during the Policy period and arising out of a risk insured under the Policy.28 . and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. and/or accidental bodily injury. PROVIDED THAT: 1. product liability. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: (a) (b) accidental bodily injury. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: accidental bodily injury. AVN 2000A 14. integrated circuit. tort. date or time.7. and/or loss of or damage to baggage and personal articles of passengers. negligence.03. exchange or transfer year. it is hereby understood and agreed that. to passengers caused by an accident to an Insured Aircraft. Clause AVN 2000A shall not apply: (1) (2) to any accidental loss of or damage to an aircraft defined in the Policy Schedule (“Insured Aircraft”). and/or A . or any advice given or services performed in connection with any such change or modification.99 (Applicable to spacecraft liability) DATE RECOGNITION EXCLUSION CLAUSE This Policy does not cover any claim. The Insured further agrees that it has a continuing obligation to disclose in writing to the Insurers during the Policy period any additional material facts relating to the Date Recognition Conformity of the Insured’s operations. software. Clause AVN 2000 shall not apply to any sums which the Insured shall become legally liable to pay. warranties. injury. or loss of or damage to property caused by a spacecraft and/or launch vehicle accident occurring during the Policy period and arising out of a risk insured under the Policy. fatal or otherwise. and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. fatal or otherwise. subject to all terms and provisions of this Endorsement. and/or other documentation provided.29 . Coverage provided pursuant to this Endorsement shall be subject to all terms. software. misrepresentation. (c) and any provision in this Policy concerning any duty of Insurers to investigate or defend claims shall not apply to any claims so excluded. limitations. exclusions and cancellation provisions of the Policy (except as specifically provided herein). chip or information technology equipment or system (whether in the possession of the Insured or of any third party) accurately or completely to process. cost. 2. PROVIDED THAT: 1. equipment and products. loss. integrated circuit. chip or information technology equipment or system (whether in the possession of the Insured or of any third party) in anticipation of or in response to any such change of year. any non-use or unavailability for use of any property or equipment of any kind whatsoever resulting from any act. subject to all terms and provisions of this Endorsement. date or time data or information in connection with any change of year. Nothing in this Endorsement shall provide any coverage in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy.01 DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000A). damage. (b) any implemented or attempted change or modification of any computer hardware. to any sums which the Insured shall become legally liable to pay. whether on or before or after such change of year. date or time. date or time. date or time. it is hereby understood and agreed that.DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000). The Insured recognises that the Insurers consider the information provided by the Insured in the application form. expense or liability (whether in contract. mail and cargo caused by an accident to an Insured Aircraft. AVN 2003 1. to be material to their decision to issue this Endorsement. 3. failure to act or decision of the Insured or of any third party related to any such change of year. fraud or otherwise) of any nature whatsoever arising from or occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly): (a) the failure or inability of any computer hardware. conditions. and/or accidental bodily injury. The Insured agrees that it has an obligation to disclose in writing to the Insurers during the Policy period any material facts relating to the Date Recognition Conformity of the Insured’s operations. For the avoidance of doubt. ll Clause AVN 2000A shall not apply to any sums which the Insured shall become legally liable to pay. fatal or otherwise. in respect of grounding of any aircraft. and/or in respect of grounding of any aircraft. it is hereby understood and agreed that.30 . equipment and products. Nothing in this Endorsement shall provide any coverage : (a) (b) (c) 3. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: (1) (2) accidental bodily injury. warranties. The Insured agrees that it has an obligation to disclose in writing to the Insurers during the Policy period any material facts relating to the Date Recognition Conformity of the Insured’s operations.3. 2. or loss of or damage to property caused by an aircraft accident occurring during the Policy period and arising out of a risk insured under the Policy. and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. Nothing in this Endorsement shall provide any coverage: (a) (b) 3. and nothing in this Endorsement extends coverage beyond that which is provided by the Policy. applying in excess of any scheduled underlying insurance and/or in respect of any non aviation risks. limitations. and/or in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy. limitations. or loss of or damage to property caused by an accident. occurring during the Policy period and arising out of a risk insured under the Policy. equipment and products. AVN 2001A 21. PROVIDED THAT: 1. PROVIDED THAT: 1. fatal or otherwise. conditions. warranties. subject to a terms and provisions of this Endorsement.01 (Applicable to Hull and Aircraft Liability Coverage) DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000A). solely for the purposes of this paragraph (2) and without prejudice to the meaning of the words in any other context. and accidental damage to property caused by an Insured Aircraft or by any person or object falling therefrom. 2. fatal or otherwise.3. and/or in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy. “bodily injury” shall mean only physical corporeal injury and unless arising directly therefrom shall not include mental or psychological injury. AVN 2002A 21. Coverage provided pursuant to this Endorsement shall be subject to all terms. Coverage provided pursuant to this Endorsement shall be subject to all terms.(c) accidental bodily injury. other than an aircraft accident. exclusions and cancellation provisions of the Policy (except as specifically provided herein). exclusions and cancellation provisions of the Policy (except as specifically provided herein). conditions.01 (Applicable to non Aircraft Liability only) A . as if he/she were the Insured.01 A . fulfil and be subject to the terms.31 . This extension is limited to a maximum indemnity of _________________ each Accident. navigating equipment and instruments. and (if so required by the Policy) shall pay (including costs awarded against the Insured) in respect of: accidental bodily injury. limitations.01 (Applicable to spacecraft liability) LIABILITY TO PILOTS AND CREW CLAUSE It is understood and agreed that notwithstanding any exclusion specifically relating to pilots and operational crew in the Section of this Policy covering the liability of the Insured to passengers. AVN 74 09. subject to all terms and provisions of this Endorsement. At the time of any accident giving rise to a claim under this Clause the said pilot (a) (b) 2. but not so as to increase the liability of Insurers beyond the amount which would otherwise have been payable under this Policy had liability been incurred by the Insured. 2. AVN 73 09. conditions and exclusions contained in the Policy. observe. 3. and property damage liability are extended to cover. and is not entitled to indemnity under any other policy. Provided always that 1.DATE RECOGNITION LIMITED COVERAGE CLAUSE WHEREAS the Policy of which this Endorsement forms part includes the Date Recognition Exclusion Clause (Clause AVN 2000A). There shall be no indemnity under this Clause in respect of claims made against the pilot by the Insured and/or with respect to the Aircraft described in the Schedule to the Policy. securities. Subject to a deductible of _________________ each Accident. exclusions and cancellation provisions of the Policy (except as specifically provided herein). credit cards. headsets or similar equipment (not being fixtures in the Aircraft) and baggage (including contents) actually in or on the Aircraft being the property of the Insured or any pilot described in the Schedule of the Policy. including to passengers. equipment and products. Coverage provided pursuant to this Endorsement shall be subject to all terms. Clause AVN 2000A shall not apply to any sums which the Insured shall become legally liable to pay. maps. fatal or otherwise.02. warranties. PROVIDED THAT: 1. AVN 2003A 21. but excluding money. any pilot authorised by the Insured under the terms of the Policy in respect of injury or damage arising out of the operation of the Aircraft described in the Schedule to the Policy. it is hereby understood and agreed that.01 FLYING CLOTHING AND EFFECTS CLAUSE This Policy is extended to cover the Insured or any pilot described in the Schedule of the Policy against loss or damage by theft or fire (or accidental damage if the Aircraft itself be damaged) in respect of flying clothing. and nothing in this Endorsement extends coverage beyond that which is provided by the Policy.02. shall as though he/she were the Insured. AVN 75 09. The Insured agrees that it has an obligation to disclose in writing to the Insurers during the Policy period any material facts relating to the Date Recognition Conformity of the Insured’s operations. or loss of or damage to property caused by a spacecraft and/or launch vehicle accident occurring during the Policy period and arising out of a risk insured under the Policy. conditions.01 PILOT INDEMNITY CLAUSE The Sections of this Policy covering bodily injury liability. such coverage shall extend to include the liability of the Insured to the pilots and operational crew of the insured Aircraft.3. Nothing in this Endorsement shall provide any coverage in respect of loss of use of any property unless it arises out of physical damage to or destruction of property in the accident giving rise to a claim under the Policy.02. jewellery and furs of all kinds. but excluding liability required to be insured under the terms of any employers’ liability or workman’s compensation legislation or any similar legislation. 01 UNAUTHORISED USE CLAUSE No claim under this Policy shall be rejected on the grounds that the Aircraft was used in a place or in a manner or by a person not permitted under the terms of this Policy provided such use was not authorised by the Insured and that the Insured had taken reasonable precautions to prevent such unauthorised use. AVN 76 09. It is expressly understood that no cover is provided under those paragraphs of this Clause which have not been identified below. (b) (c) (d) Coverage is provided under paragraphs ______________________ above. any reasonable expenses which the Insured may be called upon to pay in respect of any public inquiry or inquiry by the Civil Aviation Authority or any other relevant authority into an Accident involving an Aircraft insured hereunder. AVN 77 09.01 A . and for any loss of or damage to the Aircraft.01 UNEARNED PREMIUM INSURANCE CLAUSE In the event of a claim adjustable on the basis of a total loss the Insurers will indemnify the Insured for and will pay as a claim the unearned portion of the premium paid for loss of or physical damage to the Aircraft the subject of the loss computed at pro rata from the day following the loss to the expiry date of this Policy. shall not exceed the value of the Aircraft as declared in the Policy. any reasonable expenses incurred for the purpose of attempted or actual raising.02. removal. AVN 79 09. expenses or expenditure. The Insurers agree to indemnify the Insured for (a) any reasonable expenses incurred for the purpose of search and rescue operations for an Aircraft insured hereunder determined to be missing and unreported after the computed maximum endurance of the flight has been exceeded.02.02. any reasonable expenses incurred for the purpose of runway foaming to prevent or mitigate possible loss or damage because of malfunction or suspected malfunction of an Aircraft insured hereunder. Any consent given by an employee or agent of the Insured outside the normal scope of his authority shall be deemed not to be authorisation given by the Insured. expenses or expenditure for the removal of the Aircraft to the nearest suitable take-off area provided always that Insurers’ liability for such costs. Provided always that Insurers’ liability shall not exceed ____________________________ in the aggregate over all paragraphs insured.SUPPLEMENTARY PAYMENTS CLAUSE It is understood and agreed that this Policy is extended to cover as more fully set forth under those paragraph(s) identified below.01 FORCED LANDING CLAUSE Insurers hereon agree that in the event of an insured Aircraft making a forced landing in any place where subsequent safe take-off is impossible they will pay all reasonable costs. AVN 78 09.02. disposal or destruction of the wreck of an Aircraft insured hereunder and the contents thereof.32 . AVN 85 09.02. the Insurers will allow to the Insured a No Claim Bonus of ______% of the premium paid hereon.33 . and the renewal of this insurance being effected with the Insurers hereon. subject to prior permission having been granted by the appropriate owner and/or operator of such airfield and/or airport. repatriation and funeral expenses to or for each person who sustains bodily injury. execute authorisation to enable the Insurers to obtain medical reports and copies of records. The insurance afforded by this coverage shall be subject to a Policy limit of _________________ and shall be excess insurance over any other valid and collectible insurance applicable thereto.01 NO CLAIM BONUS CLAUSE In the event of no claim having been made on this Policy the Insurers will allow to the Insured a No Claim Bonus of _________________% of the premium paid hereon. The coverage afforded by this Clause * Delete as appropriate. of certain airfields and/or airports out of the notified hours. AVN 83 09. by the Insured. hospital.02. As soon as practicable. and shall. and the renewal of this insurance being effected with the Insurers hereon.02. under oath if required. ambulance. the Insurers will allow to the Insured a No Claim Bonus of _________________% of the premium paid for the Aircraft loss or physical damage coverage hereon. professional nursing.MEDICAL AND RELATED EXPENSES INCLUSION CLAUSE It is understood and agreed that this Policy is extended to pay all reasonable expenses incurred within one year from the date of accident for necessary medical. AVN 84 09. AVN 82 09. surgical.02.01 NO CLAIM BONUS ON RENEWAL CLAUSE In the event of no claim having been made on the Aircraft loss or physical damage Section of this Policy. sickness or disease. AVN 80 09.01 extends to the pilot(s) and operational crew of the Aircraft.01 NO CLAIM BONUS ON RENEWAL CLAUSE In the event of no claim having been made on this Policy. The injured person shall submit to physical examination by physicians selected by the Insurers when and as often as the Insurers may reasonably require. AVN 81 09. entering or alighting from the Aircraft if the Aircraft is being used by the Insured or with his permission. caused by accident whilst in. after each request from the Insurers.01 NO CLAIM BONUS CLAUSE In the event of no claim having been made on the Aircraft loss or physical damage Section of this Policy the Insurers will allow to the Insured a No Claim Bonus of _________________% of the premium paid for the Aircraft loss or physical damage coverage hereon. the injured person or someone on his behalf shall give to the Insurers or any of their representatives written proof of claim. does not extend * OUT OF NOTIFIED HOURS CLAUSE The coverage provided by this Policy shall not be invalidated as a result of the use.02.02.01 A . 01 INNOCENT OPERATORS COVERAGE CLAUSE This Policy is extended to cover physical damage to the Aircraft hereby insured arising from the action of any Government. take reasonable precautions to adhere to any Customs. Government Department. AVN 89 09.01 PROFIT COMMISSION CLAUSE After expiry of this Policy and following the receipt by the Insurers of the final adjustment of all premiums due and settlement of all Aircraft loss or physical damage claims in respect of this period of insurance. AVN 86 09. Outgo Total of settled claims and related expenses less any salvages and recoveries.PROFIT COMMISSION CLAUSE After expiry of this Policy and following the receipt by the Insurers of the final adjustment of all premiums due and settlement of all claims in respect of this period of insurance. Outgo Total of settled Aircraft loss or physical damage claims and related expenses less any salvages and recoveries. Insurers agree to return to the Insured a Profit Commission of _____________% of the net ascertained profit in respect of this period of insurance. Quarantine or Public Health regulations. Insurers agree to return to the Insured a Profit Commission of _________________% of the net ascertained profit in respect of this period of insurance. Authority or Agency by reason of actual or alleged infringement of Customs.02. The net ascertained profit shall be calculated by deducting the ‘outgo’ from the ‘income’ as follows:Income _________ % of premium paid for Aircraft loss or physical damage coverage less all returns of premium. Warranted the Insured shall (a) (b) not knowingly carry cargo incorrectly described or labelled. AVN 88 09.01 A .34 . Quarantine or Public Health regulations.02. Insurers agree to return to the Insured a Profit Commission of _________________% of the net ascertained profit in respect of this period of insurance. The net ascertained profit shall be calculated by deducting the ‘outgo’ from the ‘income’ as follows:Income _________ % of premium less all returns of premium.02.01 PROFIT COMMISSION ON RENEWAL CLAUSE After expiry of this Policy and following the receipt by the Insurers of the final adjustment of all premiums due and settlement of all Aircraft loss or physical damage claims in respect of this period of insurance and subject to renewal with the Insurers hereon. AVN 87 09.02. Outgo Total of settled Aircraft loss or physical damage claims and related expenses less any salvages and recoveries. The net ascertained profit shall be calculated by deducting the ‘outgo’ from the ‘income’ as follows:Income _________ % of premium paid for Aircraft loss or physical damage coverage less all returns of premium. . . . . 5. unless the Assured or their servants are privy to such unseaworthiness or unfitness. at the time the subject-matter insured is loaded therein.3 War Exclusion Clause 7 In no case shall this insurance cover loss damage or expense 7. riots or civil commotions resulting from strikes.5 4. incurred to avoid or in connection with the avoidance of loss from any cause except those excluded in Clauses 4. to defend the Assured against such claim.INSTITUTE CARGO CLAUSES (A) RISKS COVERED 1 2 This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 4. where the Assured or their servants are privy to such unseaworthiness or unfitness.2 6 In no case shall this insurance cover loss damage or expense caused by 6. unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured.2 6. or persons taking part in labour disturbances.2 4. 6 and 7 or elsewhere in this insurance. This insurance is extended to indemnify the Assured against such proportion of liability under the contract of affreightment "Both to Blame Collision" Clause as is in respect of a loss recoverable hereunder. ordinary loss in weight or volume. lock-outs.1 4. or any hostile act by or against a belligerent power capture seizure arrest restraint or detainment (piracy excepted).6 4. caused by strikers. adjusted or determined according to the contract of affreightment and/or the governing law and practice. at their own cost and expense. riots or civil commotions Unseaworthiness and Unfitness Exclusion Clause Risks Clause General Average Clause 3 "Both to Blame Collision" Clause EXCLUSIONS 4 General Exclusions Clause 4.2 Strikes Exclusion Clause C- .4 4. In no case shall this insurance cover 4. even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above) loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 6 and 7 below. In the event of any claim by shipowners under the said Clause the Assured agree to notify the Underwriters who shall have the right.7 5 5. This insurance covers general average and salvage charges. locked-out workmen. In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 4. labour disturbances. war civil war revolution rebellion insurrection.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage.1 7. and the consequences thereof or any attempt thereat derelict mines torpedoes bombs or other derelict weapons of war.1 5.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense proximately caused by delay.1 6. 5. or civil strife arising therefrom. The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination. after discharge overside from the oversea vessel at the final port of discharge.3 DURATION caused by any terrorist or any person acting from a political motive.2 Change of Voyage Clause CLAIMS 11 Insurable Interest Clause 12 Subject to 11. or on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge.1. This insurance attaches from the time the goods leave the warehouse or place of storage at the place named herein for the commencement of the transit.1. whilst remaining subject to termination as provided for above. This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 9 below) during delay beyond the control of the Assured. unless otherwise specially agreed. which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution.1. notwithstanding that the loss occurred before the contract of insurance was concluded.1 11.1 above. Forwarding Charges Clause C- . the destination is changed by the Assured. then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force.1 8. after attachment of this insurance.1 until the goods are sold and delivered at such port or place. whichever shall first occur.1. whether prior to or at the destination named herein.1 Transit Clause 8. shall not extend beyond the commencement of transit to such other destination.2 8.2 8. forced discharge. whichever shall first occur.1.2 8. 9. or.1 8. either 9.2 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.7. but prior to termination of this insurance. on delivery to any other warehouse or place of storage. until terminated in accordance with the provisions of Clause 8 above. the goods are to be forwarded to a destination other than that to which they are insured hereunder. If. the Underwriters will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured hereunder. as a result of the operation of a risk covered by this insurance.3 9 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated a a port or place other than the destination named therein or the transit is t otherwise terminated before delivery of the goods as provided for in Clause 8 above. the insured transit is terminated at a port or place other than that to which the subject-matter is covered under this insurance. Where. this insurance.2. unless the Assured were aware of the loss and the Underwriters were not. Termination of Contract of Carriage Clause 8 8. or 10 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named herein or to any other destination. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.2. subject to an additional premium if required by the Underwriters. continues during the ordinary course of transit and terminates either on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters. any deviation. 11.3 8. until the expiry of 60 days after arrival of the goods hereby insured at such port or place. Where. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 16.2 to ensure that all rights against carriers. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. 5. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. Waiver Clause AVOIDANCE OF DELAY 18 LAW AND PRACTICE 19 Reasonable Despatch Clause English Law and Practice Clause _______________________________________ NOTE:. 14. C- . _______________________________________ 1/1/82 CL. 6 and 7 above. bailees or other third parties are properly preserved and exercised and the Underwriters will. No claim for Constructive Total Loss shall be recoverable hereunder unless the subjectmatter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering. shall be subject to the exclusions contained in Clauses 4. which does not apply to general average or salvage charges. and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants. 17 Measures taken by the Assured or the Underwriters with the object of saving. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. in addition to any loss recoverable hereunder. reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss. This insurance is subject to English law and practice. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. Constructive Total Loss Clause 14 Increased Value Clause BENEFIT OF INSURANCE 15 16 This insurance shall not inure to the benefit of the carrier or other bailee.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation. 14.13 This Clause 12. 252. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. and Not to Inure Clause Duty of Assured Clause MINIMISING LOSSES 16. at the time the subject-matter insured is loaded therein.4 3.3 below.8 4 4.3 2 war civil war revolution rebellion insurrection.1 1. or on expiry of 15 days counting from midnight of the day of arrival of the vessel at the final port or place of discharge.2 C- .2 3.1 Transit Clause 5. This insurance attaches only as the subject-matter insured and as to any part as that part is loaded on an oversea vessel and terminates. where the Assured or their servants are privy to such unseaworthiness or unfitness.2 1.1 Unseaworthiness and Unfitness Exclusion Clause 4.1 above. or any hostile act by or against a belligerent power capture seizure arrest restraint or detainment.1. ordinary loss in weight or volume. unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured. General Average Clause Risks Clause This insurance covers general average and salvage charges. except as provided in Clauses 3 and 4 below. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3. EXCLUSIONS 3 General Exclusions Clause 3.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense proximately caused by delay.INSTITUTE WAR CLAUSES (CARGO) RISKS COVERED 1 This insurance covers. even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above) loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel any claim based upon loss of or frustration of the voyage or adventure loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. adjusted or determined according to the contract of affreightment and/or the governing law and practice. unless the Assured or their servants are privy to such unseaworthiness or unfitness.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage. arising from risks covered under 1. either as the subject-matter insured and as to any part as that part is discharged from an oversea vessel at the final port or place of discharge. In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft. incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses.7 3.5 3. loss of or damage to the subject-matter insured caused by 1.1 5.2 and 5. In no case shall this insurance cover 3.6 3. The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination.1 3.2 DURATION 5 5.1. or civil strife arising therefrom. and the consequences thereof or any attempt thereat derelict mines torpedoes bombs or other derelict weapons of war. subject to 5. subject to prompt notice to the Underwriters and to an additional premium.1 where the on-carriage is by oversea vessel this insurance continues subject to the terms of these clauses. floating or submerged.3 below and to an additional premium if required. If the goods are on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 5.3. subject to 5. 5. and to an additional premium if required.4. thereafter such insurance terminates in accordance with 5.2 in the case of the subject-matter not having been discharged. If the subject-matter insured is subsequently reshipped to the original or any other destination.1. If during the insured voyage the oversea vessel arrives at an intermediate port or place to discharge the subject-matter insured for on-carriage by oversea vessel or by aircraft. either as the subject-matter insured and as to any part as that part is thereafter discharged from the vessel at the final (or substituted) port or place of discharge. then provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium. such insurance reattaches 5.whichever shall first occur.1 in the case of the subject-matter insured having been discharged. 5. without having discharged the subject-matter insured at the final port or place of discharge.2 and 5. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such port or place.2 5. but in no case beyond the expiry of 60 days after discharge from the oversea vessel unless otherwise specially agreed by the Underwriters.5 C- .3 If the voyage in the contract of carriage is terminated at a port or place other than the destination agreed therein. the vessel sails therefrom. and terminates.1. but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying oversea vessel or aircraft. 5. 5.2 5. or the goods are discharged from the vessel at a port or place of refuge.4 The insurance against the risks of mines and derelict torpedoes.1.2. whichever shall first occur. then.2. or on expiry of 15 days counting from midnight of the day of re-arrival of the vessel at the final port or place of discharge or arrival of the vessel at a substituted port or place of discharge.3 5. the current Institute War Clauses (Air Cargo) (excluding sendings by Post) shall be deemed to form part of this insurance and shall apply to the on-carriage by air.2. such insurance reattaches when. is extended whilst the subject-matter insured or any part thereof is on craft whilst in transit to or from the oversea vessel. or any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment.2 5. when the vessel sails from such deemed final port of discharge.3 below. or where the on-carriage is by aircraft. Subject to prompt notice to Underwriters.1.3. such port or place shall be deemed the final port of discharge and such insurance terminates in accordance with 5.4 5. nevertheless. this insurance shall remain in force within the provisions of these Clauses during any deviation. this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel at such port or place. subject to 5. as the subjectmatter insured and as to any part as that part is loaded on the on-carrying vessel for the voyage. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties. moors or otherwise secures either at or off the intended port or place of discharge "oversea vessel" shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel) 6 Where.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.1 Increased Value Clause BENEFIT OF INSURANCE 10 11 This insurance shall not inure to the benefit of the carrier or other bailee. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.7. bailees or other third parties are properly preserved and exercised Not to Inure Clause Duty of Assured Clause MINIMISING LOSSES and the Underwriters will. If such a berth or place is not available. and 11. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. 3. Anything contained in this contract which is inconsistent with Clauses 3. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 11. be null and void. unless the Assured were aware of the loss and the Underwriters were not. to the extent of such inconsistency. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. 9. Change of Voyage Clause 7 CLAIMS 8 Insurable Interest Clause 9 9. Subject to 8.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.2 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss. in addition to any loss recoverable hereunder. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.1 8. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.8 or 5 shall. 8.(For the purpose of Clause 5 "arrival" shall be deemed to mean that the vessel is anchored. Waiver Clause AVOIDANCE OF DELAY 13 Reasonable Despatch Clause C- . moored or otherwise secured at a berth or place within the Harbour Authority area. arrival is deemed to have occurred when the vessel first anchors.2 to ensure that all rights against carriers. the destination is changed by the Assured. If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss.1 above. notwithstanding that the loss occurred before the contract of insurance was concluded. 12 Measures taken by the Assured or the Underwriters with the object of saving. after attachment of this insurance. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. strikes. Prohibition of Import or Export or failure to pass Tests. (a) (b) (c) (d) (e) (f) (g) Wilful misconduct or negligence of the Assured his Servants or Agents. LIVESTOCK CLAUSE (AVIATION) No. riots. 255. This clause is subject otherwise to the terms limitations and conditions of the policy hereto. Any breach of Law by the Assured. Maintenance due to an Accident or Mishap to or a Forced Landing or Mechanical Break-down of the Aircraft carrying the said stock. from Aerodrome to Aerodrome whilst being transported between the places described in the policy to which this clause is attached. English Law and Practice Clause _________________________________________ NOTE:. condition or quality whatsoever. Warranted the said stock is not loaded on any Aircraft with any other stock to which they may have a natural antipathy. Theft. The Assured his Servants or Agents having caused or suffered anything to be done whereby the risks hereby insured against is or may be increased. capture.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation. War. restraints and detainments of all kings. CL. _________________________________________ 1/1/82 CL. The omission or failure of the Assured his Servants or Agents. The stock to be in good state of health at commencement of risk with liberty to be exercised only under control at any port of call. Claims subject to confirmation by a responsible Official giving particulars and apparent cause of death. Notwithstanding anything contained herein to the contrary this policy extends to cover the stock described in the schedule hereto: Whilst on board or being loaded into or unloaded from an Aircraft licensed for Passenger and/or Cargo carrying. princes and people of what nation. 1. An accident occurring beyond the geographical limits specified in the policy hereto. arrests. insurrections. to comply with any order or instructions of the Pilot or other person in supreme authority and control over the Aircraft. Exclusions: Applicable to Air Transit Extension.LAW AND PRACTICE 14 This insurance is subject to English law and practice. seizure. military or usurped power. civil commotions. 220 C- . It is understood and agreed that the stock is also covered against the risk of Jettison. unless the Assured or their servants are privy to such unseaworthiness or unfitness.6 3. or civil strife arising therefrom.1 C- .2 2 This insurance covers general average and salvage charges. In no case shall this insurance cover 3. 4 4.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense proximately caused by delay. or any hostile act by or against a belligerent power. locked-out workmen. at the time the subject-matter insured is loaded therein. except as provided in Clauses 3 and 4 below.4 3.1 strikers. even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above) loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike. ordinary loss in weight or volume.7 3. riots or civil commotions any terrorist or any person acting from a political motive. adjusted or determined according to the contract of affreightment and/or the governing law and practice. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3.1 Transit Clause 5.1 3. unfitness of vessel craft conveyance container or liftvan for the safe carriage of the subject-matter insured. loss of or damage to the subject-matter insured caused by 1.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage.INSTITUTE STRIKES CLAUSES (CARGO) RISKS COVERED 1 This insurance covers. This insurance attaches from the time the goods leave the warehouse or place of storage at the place named herein for the commencement of the transit. labour disturbance. lockout.5 3.9 loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter 3.10 loss damage or expense caused by war civil war revolution rebellion insurrection. continues during the ordinary course of transit and terminates either on delivery to the Consignees' or other final warehouse or place of storage at the destination named herein. riot or civil commotion any claim based upon loss of or frustration of the voyage or adventure EXCLUSIONS 3 General Exclusions Clause 3.1 In no case shall this insurance cover loss damage or expense arising from unseaworthiness of vessel or craft.2 3. The Underwriters waive any breach of the implied warranties of seaworthiness of the ship and fitness of the ship to carry the subject-matter insured to destination. General Average Clause Risks Clause 1.1. or persons taking part in labour disturbances. Unseaworthiness and Unfitness Exclusion Clause 4. incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses. where the Assured or their servants are privy to such unseaworthiness or unfitness.2 DURATION 5 5.8 3. If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in Clause 5 above. Where.2 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.1 above. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. whichever shall first occur. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters. until terminated in accordance with the provisions of Clause 5 above. notwithstanding that the loss occurred before the contract of insurance was concluded. the destination is changed by the Assured. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances.2. then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force.1 until the goods are sold and delivered at such port or place. 8. after attachment of this insurance. this insurance. or on the expiry of 60 days after completion of discharge overside of the goods hereby insured from the oversea vessel at the final port of discharge. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. shall not extend beyond the commencement of transit to such other destination. Change of Voyage Clause CLAIMS 8 Insurable Interest Clause 9 9. Subject to 8. whichever shall first occur.1 Increased Value Clause C- . subject to an additional premium if required by the Underwriters. reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to shipowners or charterers under the contract of affreightment. whilst remaining subject to termination as provided for above.1.1 8. after discharge overside from the oversea vessel at the final port of discharge. which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution.3 5. either 6.1.2 5.1.1 5. but prior to termination of this insurance. any deviation. or. 5.3 This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 6 below) during delay beyond the control of the Assured.2. If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss. the goods are to be forwarded to a destination other than that to which they are insured hereunder. or Termination of Contract of Carriage Clause 6.2 7 if the goods are forwarded within the said period of 60 days (or any agreed extension thereof) to the destination named herein or to any other destination.2 on delivery to any other warehouse or place of storage.1. forced discharge. unless the Assured were aware of the loss and the Underwriters were not. 5. whether prior to or at the destination named herein. unless otherwise specially agreed.2 6 If.5. until the expiry of 60 days after arrival of the goods hereby insured at such port or place. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties. Provided always that in no case shall the liability of Underwriters exceed the insured value of the complete machine. if incurred. in which case loss. Waiver Clause AVOIDANCE OF DELAY 13 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. ____________________________________ 1/1/82 CL.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation. if any. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. INSTITUTE REPLACEMENT CLAUSE In the event of loss of or damage to any part or parts of an insured machine caused by a peril covered by the Policy the sum recoverable shall not exceed the cost of replacement or repair of such part or parts plus charges for forwarding and refitting. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. 1/1/34 CL.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. sustained by payment of additional duty shall also be recoverable. Reasonable Despatch Clause LAW AND PRACTICE 14 This insurance is subject to English law and practice. and 11.2 to ensure that all rights against carriers. bailees or other third parties are properly preserved and exercised and the Underwriters will. English Law and Practice Clause ____________________________________ NOTE:. 256. Not to Inure Clause Duty of Assured Clause MINIMISING LOSSES 11 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 11. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. C .9.10 . 161. BENEFIT OF INSURANCE 10 This insurance shall not inure to the benefit of the carrier or other bailee. in addition to any loss recoverable hereunder. 12 Measures taken by the Assured or the Underwriters with the object of saving. but excluding duty unless the full duty is included in the amount insured. 3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-matter insured. or civil strife arising therefrom. Risks Clause EXCLUSIONS 2 In no case shall this insurance cover 2.3 war civil war revolution rebellion insurrection.5 2.1.1 This insurance 3. loss of or damage to the subjectmatter insured caused by 1. even though the delay be caused by a risk insured against loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the aircraft any claim based upon loss of or frustration of the voyage or adventure loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. General Exclusions Clause 2.1 2.2 and 3. such insurance Transit Clause C . or any hostile act by or against a belligerent power capture seizure arrest restraint or detainment. either as the subject-matter insured and as to any part as that part is discharged from the aircraft at the final place of discharge or on expiry of 15 days counting from midnight of the day of arrival of the aircraft at the final place of discharge. where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein loss damage or expense proximately caused by delay. ordinary loss in weight or volume. whichever shall first occur.1 above.1 1.2 terminates. nevertheless.3 below. subject to 3.INSTITUTE WAR CLAUSES (AIR CARGO) (excluding sendings by Post) RISKS COVERED 1 This insurance covers.1.1 attaches only as the subject-matter insured and as to any part as that part is loaded on the aircraft for the commencement of the air transit insured and 3.9 DURATION 3 3. and the consequences thereof or any attempt thereat derelict mines torpedoes bombs or other derelict weapons of war. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 2.11 . except as provided in Clause 2 below.2 1.7 2. arising from risks covered under 1.4 2.6 2.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage.2 2.8 2. subject to prompt notice to the Underwriters and to an additional premium. 1. the aircraft departs therefrom. subject to 3. this insurance shall remain in force within the provisions of these Clauses during any deviation. or 3. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters. If the subject-matter insured is subsequently consigned to the original or any other destination. Anything contained in this contract which is inconsistent with Clauses 2. such insurance reattaches 3.1 where the on-carriage is by aircraft this insurance continues subject to the terms of these clauses.4 5 3. and 3.1 in the case of the subject-matter insured having been discharged. or on expiry of 15 days counting from midnight of the day of re-arrival of the aircraft at the final place of discharge or arrival of the aircraft at a substituted place of discharge.2.2 Insurable Interest Clause C .2 and 3. 3. then. that place shall be deemed to be the final place of discharge and such insurance terminates in accordance with 3.1 6. 2.8. after attachment of this insurance.2 If during the insured transit the aircraft arrives at an intermediate place to discharge the subject-matter insured for on-carriage by aircraft or oversea vessel. without having discharged the subject-matter insured at the final place of discharge. either as the subject-matter insured and as to any part as that part is thereafter discharged from the aircraft at the final (or substituted) place of discharge.2 in the case of the subject-matter insured not having been discharged. subject to 3. 3. as the subjectmatter insured and as to any part as that part is loaded on the on-carrying aircraft for the transit.4 Subject to prompt notice to Underwriters. unless the Assured were aware of the loss and the Underwriters were not.1. the current Institute War Clauses (Cargo) shall be deemed to form part of this insurance and shall apply to the on-carriage by sea. If the goods are on-carried within the said period of 15 days or if the insurance reattaches as provided in this Clause 3. when the aircraft departs from such deemed final place of discharge. thereafter such insurance terminates in accordance with 3.2 3. and to an additional premium if required.1. whichever shall first occur.2 where the on-carriage is by oversea vessel.4. (For the purpose of Clause 3 "oversea vessel" shall be deemed to mean a vessel carrying the subject-matter from one port or place to another where such voyage involves a sea passage by that vessel) Where. Subject to 6.3 reattaches when. Change of Transit Clause CLAIMS 6 6.2.1.2. In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss.12 . provided notice is given to the Underwriters before the commencement of such further transit and subject to an additional premium.3 If the air transit in the contract of carriage is terminated at a place other than the destination agreed therein.3.4 terminates.3 below and to an additional premium if required.3. but thereafter reattaches as the subject-matter insured and as to any part as that part is loaded on an on-carrying aircraft or oversea vessel. then. During the period of 15 days the insurance remains in force after discharge only whilst the subject-matter insured and as to any part as that part is at such intermediate place. to the extent of such inconsistency. this insurance continues until the expiry of 15 days counting from midnight of the day of arrival of the aircraft at such place. 3. notwithstanding that the loss occurred before the contract of insurance was concluded.1 above. be null and void.3 below. 3. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance.9 or 3 shall. the destination is changed by the Assured. or any variation of the adventure arising from the exercise of a liberty granted to the air carrier under the contract of carriage. 7 7.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation.13 . 258.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. bailees or other third parties are properly preserved and exercised Duty of Assured Clause and the Underwriters will. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. Waiver Clause LAW AND PRACTICE 12 This insurance is subject to English law and practice. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. Reasonable Despatch Clause English Law and Practice Clause _________________________________________ NOTE:. Not to Insure Clause MINIMISING LOSSES It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 9. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. 10 Measures taken by the Assured or the Underwriters with the object of saving. C . AVOIDANCE OF DELAY 11 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control. _________________________________________ 1/1/82 CL. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.2 to ensure that all rights against carriers. in addition to any loss recoverable hereunder.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. BENEFIT OF INSURANCE 8 9 This insurance shall not inure to the benefit of the carrier or other bailee. and 9. Increased Value Clause 7. 2 2. premises or place of storage. riots or civil commotions resulting from strikes. or persons taking part in labour disturbances.3 caused by strikers.2 3.1. even though the delay be caused by a risk insured against loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the aircraft loss damage or expense arising from the use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. General Exclusions Clause 2.2 5. 3 and 4 below. or any hostile act by or against a belligerent power capture seizure arrest restraint or detainment (piracy excepted).1. labour disturbances.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-matter insured.1. riots or civil commotions caused by any terrorist or any person acting from a political motive.1 3.1 5. which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution or Transit Clause Strikes Exclusion Clause DURATION 5 5.2 C . premises or place of storage at the destination named herein.1 2. locked-out workmen.1 5.2.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage.1 5.14 . War Exclusion Clause 4 In no case shall this insurance cover loss damage or expense 4.2 4. continues during the ordinary course of transit and terminates either on delivery to the Consignees' or other final warehouse.4 2.8 3 In no case shall this insurance cover loss damage or expense caused by 3. Risks Clause EXCLUSIONS 2 In no case shall this insurance cover 2.2. or civil strife arising therefrom.1.INSTITUTE CARGO CLAUSES (AIR) (excluding sendings by Post) RISKS COVERED 1 This insurance covers all risks of loss of or damage to the subject-matter insured except as provided in Clauses 2.7 2.1 4. lock-outs. on delivery to any other warehouse. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 2. and the consequences thereof or any attempt thereat derelict mines torpedoes bombs or other derelict weapons of war. where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein loss damage or expense proximately caused by delay. premises or place of storage at the place named herein for the commencement of the transit.6 2. This insurance attaches from the time the subject-matter insured leaves the warehouse. whether prior to or at the destination named herein. ordinary loss in weight or volume.5 2.3 war civil war revolution rebellion insurrection. which does not apply to general average or salvage charges. this insurance. shall not extend beyond the commencement of transit to such other destination. unless otherwise specially agreed. and shall not include charges arising from the fault negligence insolvency or financial default of the Assured or their servants. until terminated in accordance with the provisions of Clause 5 above. whilst remaining subject to termination as provided for above. whichever shall first occur. Change of Transit Clause CLAIMS 8 8.3 on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge.1 until the subject-matter is sold and delivered at such place or. either 6. forced discharge. unless the Assured were aware of the loss and the Underwriters were not. after unloading from the aircraft at the final place of discharge. 11. Insurable Interest Clause 9 Where.1 8.2 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss Subject to 8. If. shall be subject to the exclusions contained in Clauses 2.1. Termination of Contract of Carriage Clause 5. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. but prior to termination of this insurance. the destination is changed by the Assured. until the expiry of 30 days after arrival of the subject-matter hereby insured at such place. whichever shall first occur. the insured transit is terminated at a place other than that to which the subject-matter is covered under this insurance. then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force. the subject-matter insured is forwarded to a destination other than that to which it is insured hereunder. notwithstanding that the loss occurred before the contract of insurance was concluded.3 6 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before delivery of the subject-matter insured as provided for in Clause 5 above. 3 and 4 above. reconditioning and forwarding the subject-matter to the destination to which it is insured would exceed its value on arrival. This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 6 below) during delay beyond the control of the Assured. reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to the air carriers under the contract of carriage. as a result of the operation of a risk covered by this insurance. any deviation.1 above.1 If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss. 7 Where. Forwarding Charges Clause 10 No claim for Constructive Total Loss shall be recoverable hereunder unless the subject-matter insured is reasonably abandoned either on account of its actual total loss appearing to be unavoidable or because the cost of recovering.5. subject to an additional premium if required by the Underwriters. the Underwriters will reimburse the Assured for any extra charges properly and reasonably incurred in unloading storing and forwarding the subject-matter to the destination to which it is insured hereunder.15 . This Clause 9.2 5. or 6. 11 Constructive Total Loss Clause Increased Value Clause C . and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. after attachment of this insurance. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.2 if the subject-matter is forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named herein or to any other destination. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. 14 Measures taken by the Assured or the Underwriters with the object of saving.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties. Reasonable Despatch Clause English Law and Practice Clause LAW AND PRACTICE 16 This insurance is subject to English law and practice. BENEFIT OF INSURANCE 12 This insurance shall not inure to the benefit of the carrier or other bailee. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. bailees or other third parties are properly preserved and exercised and the Underwriters will.2 to ensure that all rights against carriers.In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party. 259. and 13.16 .1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. in addition to any loss recoverable hereunder. ____________________________________ 1/1/82 CL. Waiver Clause AVOIDANCE OF DELAY 15 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control. ____________________________________ NOTE:. C . Not to Inure Clause Duty of Assured Clause MINIMISING LOSSES 13 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 13. 11. EXCLUSIONS In no case shall this insurance cover General Exclusions Clause 2. or any hostile act by or against a belligerent power.2. or ordinary wear and tear of the subject-matter insured loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 2. or civil strife arising therefrom. labour disturbance.3 C .3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) 2. or persons taking part in labour disturbances. whether prior to or at the destination named herein. riots or civil commotions any terrorist or any person acting from a political motive.17 . whichever shall first occur. locked-out workmen.1 This insurance attaches from the time the subject-matter insured leaves the warehouse.1.8 2.1 2. Transit Clause 3.1.6 2.3 loss damage or expense attributable to wilful misconduct of the Assured ordinary leakage. premises or place of storage.INSTITUTE STRIKES CLAUSES (AIR CARGO) RISKS COVERED 1 This insurance covers. riot or civil commotion any claim based upon loss of or frustration of the voyage or adventure nuclear fission and/or fusion or other like reaction or radioactive force or matter 2.11 DURATION loss damage or expense caused by war civil war revolution rebellion insurrection.10 loss damage or expense arising from the use of any weapon of war employing atomic or 2.2 3.2 2.5 loss damage or expense caused by inherent vice or nature of the subject-matter insured loss damage or expense arising from unfitness of aircraft conveyance container or liftvan for the safe carriage of the subject-matter insured. ordinary loss in weight or volume. which the Assured elect to use either for storage other than in the ordinary course of transit or for allocation or distribution or on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge. continues during the ordinary course of transit and terminates either on delivery to the Consignees' or other final warehouse. premises or place of storage at the place named herein for the commencement of the transit. except as provided in Clause 2 below.1.2 2 strikers.2.7 2. 3 3. where the Assured or their servants are privy to such unfitness at the time the subject-matter insured is loaded therein loss damage or expense proximately caused by delay.1.4 2. lockout.2 3.9 2.1 3.1 3. even though the delay be caused by a risk insured against loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the aircraft loss damage or expense arising from the absence shortage or withholding of labour of any description whatsoever resulting from any strike.1.1 1. loss of or damage to the subjectmatter insured caused by Risks Clause 1. premises or place of storage at the destination named herein on delivery to any other warehouse. 3 4 If owing to circumstances beyond the control of the Assured either the contract of carriage is terminated at a place other than the destination named therein or the transit is otherwise terminated before delivery of the subject-matter insured as provided for in Clause 3 above.1 Increased Value Clause 7. Insurable Interest Clause 7 7. notwithstanding that the loss occurred before the contract of insurance was concluded. but prior to termination of this insurance. or 4. reshipment or transhipment and during any variation of the adventure arising from the exercise of a liberty granted to the air carriers under the contract of carriage.2 In order to recover under this insurance the Assured must have an insurable interest in the subject-matter insured at the time of the loss. until the expiry of 30 days after arrival of the subject-matter hereby insured at such place. after attachment of this insurance. any deviation. held covered at a premium and on conditions to be arranged subject to prompt notice being given to the Underwriters.18 . If any Increased Value insurance is effected by the Assured on the cargo insured herein the agreed value of the cargo shall be deemed to be increased to the total amount insured under this insurance and all Increased Value insurances covering the loss. This insurance shall remain in force (subject to termination as provided for above and to the provisions of Clause 4 below) during delay beyond the control of the Assured.1 until the subject-matter is sold and delivered at such place or.2 if the subject-matter is forwarded within the said period of 30 days (or any agreed extension thereof) to the destination named herein or to any other destination.1 6. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. shall not extend beyond the commencement of transit to such other destination. subject to an additional premium if required by the Underwriters. the subject-matter insured is forwarded to a destination other than that to which it is insured hereunder. either 4.2 If.3. Change of Transit Clause 5 Where.2 Where this insurance is on Increased Value the following clause shall apply: The agreed value of the cargo shall be deemed to be equal to the total amount insured under the primary insurance and all Increased Value insurances covering the loss and effected on the cargo by the Assured. In the event of claim the Assured shall provide the Underwriters with evidence of the amounts insured under all other insurances. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. CLAIMS 6 6. unless otherwise specially agreed. and liability under this insurance shall be in such proportion as the sum insured herein bears to such total amount insured. unless the Assured were aware of the loss and the Underwriters were not. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. Subject to 6. whilst remaining subject to termination as provided for above. forced discharge. this insurance. BENEFIT OF INSURANCE 8 This insurance shall not inure to the benefit of the carrier or other bailee. then this insurance shall also terminate unless prompt notice is given to the Underwriters and continuation of cover is requested when the insurance shall remain in force. the destination is changed by the Assured. whichever shall first occur. until terminated in accordance with the provisions of Clause 3 above. Termination of Contract of Carriage Clause 3. Not to Inure Clause C .1 above. after unloading from the aircraft at the final place of discharge. 10 Measures taken by the Assured or the Underwriters with the object of saving. and 9. Reasonable Despatch Clause English Law and Practice Clause ____________________________________ NOTE. 1. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties. ____________________________________ 1/1/82* CL. explosive or other hazardous or contaminating properties of any nuclear installation. toxic. bailees or other third parties are properly preserved and exercised and the Underwriters will. 356 C . Waiver Clause AVOIDANCE OF DELAY 11 It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss.MINIMISING LOSSES 9 It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder Duty of Assured Clause 9.2 1. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.1 1. reactor or other nuclear assembly or nuclear component thereof any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. LAW AND PRACTICE 12 This insurance is subject to English Law and practice.2 to ensure that all rights against carriers.It is necessary for the Assured when they become aware of an event which is "held covered" under this insurance to give prompt notice to the Underwriters and the right to such cover is dependent upon compliance with this obligation. ________________________________________________ 1/10/90 CL. INSTITUTE RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE This clause shall be paramount and shall override anything contained in this insurance inconsistent therewith 1.3 In no case shall this insurance cover loss damage liability or expense directly or indirectly caused by or contributed to by or arising from ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel the radioactive. 260. in addition to any loss recoverable hereunder.19 . to the extent of such inconsistency. be null and void. until the subject-matter insured and as to any part as that part is delivered to the address on the postal package(s) when this insurance shall terminate.2 capture seizure arrest restraint or detainment.1 above. DURATION 4.7 or 4 shall.6. Transit Clause General Exclusions Clause 5. loss of or damage to the subject-matter insured caused by 1.1 war civil war revolution rebellion insurrection. ordinary loss in weight or volume. 3. adjusted or determined according to the contract of affreightment and/or the governing law and practice. This insurance attaches only as the subject-matter insured and as to any part as that part leaves the premises of the senders at the place named in the insurance for the commencement of the transit and continues. even though the delay be caused by a risk insured against (except expenses payable under Clause 2 above) 3.4 loss damage or expense caused by inherent vice or nature of the subject-matter insured 3.7 loss damage or expense arising from any hostile use of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter. 2.20 Insurable Interest .3 derelict mines torpedoes bombs or other derelict weapons of war.2 ordinary leakage.1 loss damage or expense attributable to wilful misconduct of the Assured 3. incurred to avoid or in connection with the avoidance of loss from a risk covered under these clauses. General Average Clause Risks Clause EXCLUSIONS 3. 6.6 any claim based upon loss of or frustration of the voyage or adventure 3.3 loss damage or expense caused by insufficiency or unsuitability of packing or preparation of the subject-matter insured (for the purpose of this Clause 3. Anything contained in this contract which is inconsistent with Clauses 3. arising from risks covered under 1. and the consequences thereof or any attempt thereat 1.1 In order to recover under this insurance the Assured must have an insurable C .5 loss damage or expense proximately caused by delay. but with the exclusion of any period during which the subject-matter is in packers' premises.INSTITUTE WAR CLAUSES (sendings by Post) RISKS COVERED 1. This insurance covers. or any hostile act by or against a belligerent power 1. In no case shall this insurance cover 3. This insurance covers general average and salvage charges.3 "packing" shall be deemed to include stowage in a container or liftvan but only when such stowage is carried out prior to attachment of this insurance or by the Assured or their servants) 3. or ordinary wear and tear of the subject-matter insured 3. or civil strife arising therefrom. CLAIMS 6. except as provided in Clause 3 below. the use or operation of any computer. whether directly or indirectly. programme or process or any electronic system where any such loss. unless the Assured were aware of the loss and the Underwriters were not. as a consequence of (i) the date change to the year 2000 or any other date change and/or (ii) any change or modification of or to any such computer. 6.1 above. This insurance is subject to English law and practice. Measures taken by the Assured or the Underwriters with the object of saving. 1/1/82 CL257 COMPUTER MILLENNIUM CLAUSE (CARGO) .interest in the subject-matter insured at the time of the loss. This exclusion does not apply to: 1. computer system. whether directly or indirectly. It is the duty of the Assured and their servants and agents in respect of loss recoverable hereunder 7. It is a condition of this insurance that the Assured shall act with reasonable despatch in all circumstances within their control.WITH NAMED PERIL EXTENSION In no case shall this insurance cover any loss. reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties.2 to ensure that all rights against carriers. and 7. computer software.21 .2 Subject to 6. claims for loss of or damage to the subject matter insured reasonably attributable to (i) (ii) (iii) (iv) (v) (vi) fire or explosion vessel or craft being stranded grounded sunk or capsized overturning or derailment of land conveyance collision or contact of vessel craft aircraft or conveyance with any external object other than water total loss of aircraft in flight discharge of cargo at a port of distress English Law and Practice Clause C . computer software. damage. 8. Clause Duty of Assured Clause Waiver Clause AVOIDANCE OF DELAY 9. Reasonable Despatch Clause LAW AND PRACTICE 10. damage. expense or liability of whatever nature which might otherwise be recoverable under this insurance arising out of or in any way connected with. protecting or recovering the subject-matter insured shall not be considered as a waiver or acceptance of abandonment or otherwise prejudice the rights of either party.1 to take such measures as may be reasonable for the purpose of averting or minimising such loss. notwithstanding that the loss occurred before the contract of insurance was concluded. expense or liability arises. computer system. MINIMISING LOSSES 7. in addition to any loss recoverable hereunder. bailees or other third parties are properly preserved and exercised and the Underwriters will. programme or process or any electronic system in relation to any such date change. the Assured shall be entitled to recover for insured loss occurring during the period covered by this insurance. and that in any suit instituted against any one of them upon this contract the Underwriters will abide by the final decision of the Court or of any Appellate Court in the event of an appeal.(vii) (viii) (ix) (x) 2. vessel craft or aircraft. constitutes or should be understood to constitute a waiver of the Underwriters’ rights to seek a stay of proceedings in any court in favour of proceedings in the Federal Court of Canada or to seek a stay of proceedings therein in favour of proceedings in another competent court or to seek a transfer of any suit to any other court of competent jurisdiction as permitted by the laws of Canada or any province or territory therein. and nothing in this clause or elsewhere in this insurance. (c) If this clause is attached to a contract of reinsurance the terms “insurance” and “Assured” shall mean “reinsurance” and “Reassured” respectively. incurred to avoid or in connection with the avoidance of loss from any cause except those excluded elsewhere in this insurance. conditions. The right of the Assured to bring suit as provided herein shall be limited to a suit brought in its own name and for its own account. for the purposes of seeking a stay of proceedings in favour of another court of competent jurisdiction in Canada. General average sacrifice Jettison or washing overboard Entry of sea lake or river water into vessel craft hold conveyance liftvan or place of storage. enter or seek leave to enter a conditional appearance upon the Underwriters’ behalf. at the request of the Assured. For the purpose of suit as herein provided the word “Assured” includes any mortgagee under a ship mortgage which is specifically named as a loss payee in this insurance and any person succeeding to the rights of any such mortgagee. CL. in the event that such suit shall be instituted. will submit to the jurisdiction of a court competent jurisdiction within Canada. adjusted or determined according to the contract of affreightment and/or the governing law and practice. total loss of any package lost overboard or dropped whilst loading on to. limits and exclusions contained elsewhere in this policy. General average and salvage charges. it is agreed that the Underwriters have the right to commence an action in any court of competent jurisdiction in Canada. the Underwriters. JC98/024 CANADIAN SERVICE OF SUIT CLAUSE (ILU) It is agreed that in the event of the failure of the Underwriters severally subscribing to this insurance (the “Underwriters”) to pay any amount claimed to be due hereunder. Quebec H3B 3V2 CANADA at the above-mentioned address. ELLIOTT Barristers & Solicitors 1155 René Lévesque Boulevard West Montreal. (b) The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit and/or upon the request of the Assured to give a written undertaking to the Assured that they will enter an appearance. or. C . Notwithstanding any provision in this clause or elsewhere in this insurance relating to jurisdiction and/or service of suit. Subject always to the terms. CANADA. Subject to the Underwriters’ right set forth above: (a) It is further agreed that the Assured may serve process upon any partner in the firm of: STIKEMAN. or unloading from. It is understood that the present disposition shall not in itself constitute an election of domicile nor to an attornment to the jurisdiction of the Courts of the Province of Quebec.22 . and the name of the country to which they are consigned shall be specifically stated in the policy and (2) the proof of loss is accompanied either by a licence." CL 102. and (3) the route by which the drugs were conveyed was usual and customary. by a licence. 1/5/37 C . or.INSTITUTE DANGEROUS DRUGS CLAUSE "It is understood and agreed that no claim under this policy will be paid in respect of drugs to which the various International Conventions relating to Opium and other dangerous drugs apply unless (1) the drugs shall be expressly declared as such in the policy and the name of the country from which. certificate or authorization issued by the Government of the country from which the drugs are consigned showing that the export of the consignment to the destination stated has been approved by that Government. alternatively. certificate or authorization issued by the Government of the country to which the drugs are consigned showing that the importation of the consignment into that country has been approved by that Government.23 . ....... conditions and exclusions contained in the Policy so far as they can apply.. and..... but excluding money.. LSW704(12/93) UNAUTHORISED USE CLAUSE No claim under this Policy shall be rejected on the grounds that the Aircraft was used in a place or in a manner or by a person not permitted under the terms of this Policy provided such use was not authorised by the Insured and that the Insured had taken reasonable precautions to prevent such unauthorised use. Subject to an excess of .... but not so as to increase the liability hereunder beyond the amount which would otherwise be payable under this policy in respect of such injury or damage had liability devolved upon the Insured............. (b) is not entitled to indemnity under any other policy.......... LSW706(12/93) L- .. securities.. At the time of any accident giving rise to a claim under this clause the said pilot: (a) Shall as though he were the Insured. For the purpose of this extension the word "Insured" wherever it appears in the exclusions contained in Sections II and III shall be understood to mean:(a) the Insured named in the Policy and/or (b) any pilot described in the Policy 3.... but excluding liability required to be insured under the terms of any Workmen's Compensation Act or Employers’ Liability legislation LSW700 (12/93) PILOT INDEMNITY CLAUSE It is hereby understood and agreed that Sections II (Legal Liability to Third Parties other than passengers) and III (Legal Liability to Passengers) of this Policy are extended to indemnify as if he were the Insured any pilot described in the Schedule of the Policy in respect of injury or damage as set forth in the relative section.. fulfil and be subject to the terms........... LSW 703 (12/93) GROUND HANDLING/SERVICING AGREEMENTS It is hereby noted and agreed to waive rights of subrogation against and hold harmless companies or other entities with whom the Insured has entered into agreements in respect of ground handling or servicing in accordance with usual operating practice.... each and every loss.. This extension is limited to a maximum indemnity of ...INDEMNITY TO PILOTS AND CREW It is hereby understood and agreed that notwithstanding exclusion 2(ii) of Section III of this Policy (Legal Liability to Passengers) coverage hereon shall extend to include the Insured's Legal Liability as defined in Section III to pilots and/or crew of the insured aircraft.... jewellery and furs of all kinds. There shall be no indemnity under this clause in respect of claims by the Insured. 2. Any consent given by a servant or agent of the Insured outside the normal scope of his authority shall not be deemed to be an authorisation by the Insured..... LSW 701 (12/93) FLYING CLOTHING AND EFFECTS CLAUSE The Underwriters will indemnify the Insured and/or permitted pilots against loss or damage by theft or fire (or accidental damage if the aircraft itself be damaged) in respect of flying clothing and/or maps and/or navigating equipment and instruments and/or headsets or similar equipment (not being fixtures in the aircraft) and baggage (including contents) actually in or on the aircraft being the property of the Insured or the Insured's employees or any permitted pilot..... observe..... PROVIDED ALWAYS THAT:1.. any one accident.. .. not subject to the minimum premium.... LSW709 (12/93) ARTICLE {Response} REINSTATEMENT CLAUSE In the event of a loss occurring hereunder the amount of liability exhausted shall be automatically reinstated from the time of such occurrence at nil additional premium....... the Reinsurers shall not be liable for more than the Indemnity as stated in the REINSURING CLAUSE.. The Underwriters agree to indemnify the Insured for:(a) any reasonable expenses incurred for the purpose of search and rescue operations for an aircraft insured hereunder determined to be missing and unreported after the computed maximum endurance of the flight has been exceeded. the minimum premium shall be due and payable.. arising out of indemnities entered into by the Insured during currency of this policy including.. (b) any reasonable expenses incurred for the purpose of runway foaming to prevent or mitigate possible loss or damage because of malfunction or suspected malfunction of an aircraft insured hereunder......... LSW310A MINIMUM EARNED PREMIUM CLAUSE In the event of cancellation of this Policy by the Assured.. Provided always that Underwriters' liability shall not exceed ...... such non-payment cancellation shall be rescinded if the Assured remits the full premium within 10 days of receiving notice of it... local airport authorities and other interested parties... those for the use of aerodromes owned or operated by the above.. (c) any reasonable expenses incurred for the purpose of attempted or actual raising.... It being clearly understood that no cover is provided under those sections of this clause which have not been identified above..... removal.. In the event of cancellation by the Underwriters for non-payment by the Assured..SUPPLEMENTARY PAYMENTS CLAUSE It is hereby understood and agreed that this policy is extended to include cover as more fully set forth in paragraph(s) ... Nevertheless. disposal or destruction of the wreck of an aircraft insured hereunder and the contents thereof.... any conditions of the Policy to the contrary notwithstanding... a minimum earned premium of 25% as of inception shall become earned..... AIF 2336 (01/98) LSW699 02/98 L- . Nevertheless............ LSW705 (12/93) CIVIL AVIATION AUTHORITY TRAINEE ENDORSEMENT It is noted and agreed that this Policy is extended to indemnify the Insured in respect of Liability assumed under agreement with the Civil Aviation Authority (or its local equivalent) in connection with the flying training by the Insured of employees of the Civil Aviation Authority (or its local equivalent) and the Passenger Legal Liability section is extended to include Civil Aviation Authority (or its local equivalent) employees whilst acting as crew members. provided however.. LSW 708A (07/94) CROWN INDEMNITY CLAUSE It is noted and agreed that cover hereon extends to indemnify and waive rights of recourse where required against the Crown. notwithstanding the inclusion hereon of more than one Insured the total liability of the Underwriters in respect of any or all Insureds shall not exceed the limits of liability stated in this policy... LSW 707A (07/94) CIVIL AVIATION AUTHORITY SAFETY REGULATION GROUP CLAUSE It is noted and agreed that the cover hereunder remains operative whilst the insured aircraft is being flown by any Civil Aviation Authority (or its local equivalent) approved pilot for the purpose of a test flight and during any such test flight the Civil Aviation Authority Safety Regulation Group (or its local equivalent) are included as Joint Insureds in respect thereof. below.. In the event of any other cancellation by the Underwriters.... the earned premium shall be computed pro rata.. (d) any reasonable costs and expenses which the Insured may be called upon to pay in respect of any public enquiry by the Civil Aviation Authority or any other relevant authority into an incident involving the insured aircraft.. inter alia.. the i jured person or someone on his behalf shall give to the Underwriters or any of their n representatives written proof of claim. LSW970 (10/95) FORCED LANDING CLAUSE Notwithstanding anything contained herein to the contrary. attached to or forming part of this Policy. as compensation. hospital. under oath if required. The Insurance afforded by this coverage shall be subject to a Policy limit of ___________________ and shall be excess insurance over any other valid and collectible insurance applicable thereto. professional nursing. and shall. including costs awarded. then they agree to pay all reasonable costs. the Underwriters hereon agree that in the event of an insured aircraft making a forced landing in any place where subsequent safe take-off is impracticable. entering or alighting from the Aircraft if the Aircraft is being used by the Insured or with his permission. under any undertaking and indemnity given by the Insured for the use of certain airfields and/or airports out of notified hours. sickness or disease. caused by accident whilst in. LSW711(12/93) MEDICAL AND RELATED EXPENSES INCLUSION CLAUSE It is hereby understood and agreed that this Policy is extended to pay all reasonable expenses incurred within one year from the date of accident for necessary medical. Notwithstanding the inclusion herein of said Additional Insured(s). the total liability of the Underwriters in respect of any or all Insureds shall not exceed the limits of liability stated in this policy. expenses or expenditure for the removal of the Aircraft to the nearest suitable take-off area whether or not a claim has been made hereon. repatriation and funeral expenses to or for each person including/excluding the crew and pilot who sustains bodily injury. LSW713 (12/93) ONE WAY CROSS LIABILITY CLAUSE Notwithstanding anything contained herein to the contrary. and shall pay. Original Insured: ___________________ LSW714 (12/93) L- . ambulance. (ii) The coverage provided by this Clause excludes any liability which is subject to the Road Traffic Acts or similar legislation. it is understood and agreed that the inclusion of more than one Insured under this policy shall not preclude the right of recovery hereunder by the Original Insured (as hereinafter named) in respect of claims made against such Original Insured by the Additional Insured(s) or the employees of such Additional Insureds where such claims would have been recoverable under this policy had such Additional Insured(s) not been so included hereunder.CROWN INDEMNITY CLAUSE It is understood and agreed that: This Policy shall indemnify the Insured in respect of liability assumed by the Insured under an agreement with the Crown in connection with the use of certain airfields and facilities. LSW712(12/93) OUT OF NOTIFIED HOURS CLAUSE It is understood and agreed that this insurance is extended to indemnify the Insured in respect of all sums which the Insured shall become liable to pay. Underwriters shall pay as a claim to the Insured that proportion of the hull premium that shall be deemed to be unearned on a prorata basis. provided always that (i) Nothing in the foregoing shall be deemed to override any (a) Radioactive Contamination Exclusion. or (b) War Exclusion. LSW710(12/93) UNEARNED PREMIUM INSURANCE Notwithstanding anything contained herein to the contrary. execute authorisation to enable the Underwriters to obtain medical reports and copies of records. surgical. or (c) Noise and Pollution and Other Perils Exclusion. As soon as practicable. after each request from the Underwriters. The injured person shall submit to physical examination by physicians selected by the Underwriters when and as often as the Underwriters may reasonably require. in the event of any aircraft being deleted from the schedule of aircraft by reason of payment for total and/or constructive total and/or arranged total loss thereof. % of the hull premium paid hereon..... or by any employee of such other Insured.. LSW717(12/93) NO CLAIM BONUS ON RENEWAL CLAUSE In the event of no claim having been made on this policy and the renewal of this insurance being effected with the Underwriters............ it being understood that no obligation on Underwriters or the Insured to renew is implied... the Underwriters will allow to the Insured a No Claim Bonus of .... LSW715(12/93) NO CLAIM BONUS CLAUSE In the event of no claim having been made on the policy the Underwriters will allow to the Insured a No Claim Bonus of ... % of the premium paid hereon............... LSW720(12/93) L- ............. % of premium less all returns of premium OUTGO Total of settled claims and related expenses less any salvages and recoveries.... LSW725 (07/94) PROFIT COMMISSION CLAUSE After expiry of the policy and following the receipt by the Underwriters of the final adjustment of all premiums due and settlement of all claims in respect of this period of insurance............ The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows:INCOME ..... Warranted the Assured shall (a) (b) not knowingly carry cargo incorrectly described...... LSW719 (12/93) INNOCENT OPERATORS COVERAGE This Policy also covers loss of or damage to the aircraft hereby insured arising from the action of any Government by reason of actual or alleged infringement of Customs.. LSW718 (12/93) NO CLAIM BONUS ON RENEWAL CLAUSE In the event of no claim having been made on the hull section of this policy and the renewal of this insurance being effected with the Underwriters............. Quarantine or Public Health regulations.... % of the hull premium paid hereon.TWO WAY CROSS LIABILITY CLAUSE It is agreed that the inclusion of more than one Insured in the Policy shall not affect the rights of any Insured as respects any claim or suit by any other Insured.......... it being understood that no obligation on Underwriters or the Insured to renew is implied... take reasonable precautions to adhere to any Customs. Underwriters agree to return to the Insured a profit commission of ...... LSW716 (12/93) NO CLAIM BONUS CLAUSE In the event of no claim having been made on the hull section of this policy the Underwriters will allow to the Insured a No Claim Bonus of ... Quarantine or Public Health regulations............ PROVIDED NEVERTHELESS that nothing contained herein shall operate to increase the Underwriters liability as set forth elsewhere in the Policy beyond the amount or amounts for which the Underwriters would have been liable if only one Insured had been named.% of the premium paid hereon...... the Underwriters will allow to the Insured a No Claim Bonus of ....... The Policy shall insure each Insured in the same manner as though a separate policy had been issued to each and the Underwriters hereby agree to waive all rights of subrogation which they may have or acquire against any party insured hereon arising out of an accident or occurrence in respect of which any claim is made hereunder........ % of the net ascertained profit in respect of this period of insurance. ... The subscribing reinsurers are not responsible for the subscription of any co-subscribing reinsurer who for any reason does not satisfy all or part of its obligations...% of the net ascertained profit in respect of this period of insurance.... Any enquiry or complaint should be addressed in the first instance to your Broker. The address is: Complaints and Advisory Department Lloyd's........ DISCLOSURE CLAUSE (UK) Notice to the Proposer/Assured The Parties are free to choose the law applicable to this Insurance Contract.. Underwriters agree to return to the Insured a profit commission of . One Lime Street LONDON EC3M 7HA Telephone: 071-623-7100 LSW1002 (07/94) L- ....... LSW722 (12/93) SEVERAL LIABILITY NOTICE The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions.....U.. The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows:INCOME ......... LSW 1001 (Insurance) 08/94 SEVERAL LIABILITY NOTICE The subscribing reinsurers' obligations under contracts of reinsurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions..... % of the net ascertained profit in respect of this period of insurance..... Unless specifically agreed to the contrary this insurance shall be subject to English Law... If you are not satisfied with the way a complaint has been dealt with you may ask the Complaints and Advisory Department at Lloyd's to review your case without prejudice to your rights in law. The net ascertained profit shall be calculated by deducting the 'outgo' from the 'income' as follows:INCOME ......% of hull premium less all returns of premium OUTGO Total of settled hull claims and related expenses less any salvages and recoveries.... Underwriters agree to return to the Insured a profit commission of . LSW 1001 (Reinsurance) 08/94 E.................PROFIT COMMISSION CLAUSE After expiry of the policy and following the receipt by the Underwriters of the final adjustment of all premiums due and settlement of all claims in respect of this period of insurance........... LSW721 (12/93) PROFIT COMMISSION ON RENEWAL CLAUSE After expiry of the policy and following the receipt by the Underwriters of the final adjustment of all premiums due and settlement of all claims in respect of this period of insurance and subject to renewal with the Underwriters hereon...... The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations............ % of hull premium less all returns of premium OUTGO Total of settled hull claims and related expenses less any salvages and recoveries.. invasion. appropriation. restraint. this Endorsement is subject to automatic review by Insurers of the rate of premium and/or conditions and/or geographical limits effective on the expiry of 7 days from the time of any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter wheresover or whensoever such detonation may occur and whether or not the insured aircraft may be directly affected. Duration. ADDITIONAL CONDITIONS Amendment of Terms or Cancellation 1. (d) Delay. ADDITIONAL EXCLUSIONS This Endorsement excludes loss. Furthermore. rebellion. whether or not agents of a sovereign power. martial law. this Endorsement shall become cancelled at that date. whether following upon loss of or damage to the aircraft or otherwise. revolution. but as regards the following peril (a) only whilst in transit as defined in paragraph 3. In the event of the review of the rate of premium and/or geographical limits not being accepted by the Insured then at the expiry of the said 7 days. nevertheless. the People’s Republic of China. to review the rate of premium and/or the geographical limits.M. France. riots. Cancellation by Notice L- .T.EXTENDED HULL COVERAGE ENDORSEMENT In consideration of an Additional Premium of Insurers agree that notwithstanding the War. if any aircraft is in the air when an outbreak of such war occurs. (c) Any act of one or more persons. against loss or damage caused by:(a) War. on the day on which notice is issued. civil war. (f) 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 and/or Operator. The aircraft insured by Section One of the Policy. (a) Insurers may give notice. Section One of this Policy is extended to cover:1. (c) The repossession or attempted repossession of the aircraft either by any title holder. (d) Any malicious act or act of sabotage. loss of use. or arising out of any contractual agreement to which any Insured protected under this Endorsement may be party. (b) Strikes. of the attached “Institute War Clauses (Air Cargo)” or paragraph 5. or any other consequential loss. The Aircraft insured by the Possessed Aircraft Endorsement attached to this Policy. seizure. the United States of America. military or usurped power or attempts at usurpation of power. nationalisation. this Endorsement shall become cancelled at that date. of the attached “Institute War Clauses (Cargo)”. Section One of this Policy is reinstated to cover claims arising whilst such aircraft and/or such spares are outside the control of the Insured and/or Operator by reason of any of the above perils. for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional. the United Kingdom. this Exclusion shall not apply in respect of such aircraft until the said aircraft has completed its first landing thereafter. insurrection. hostilities (whether war be declared or not). Duration. failure to provide bond or security or any other financial cause under court order or otherwise. but subject to the Additional Exclusions and Additional Conditions hereinafter contained. Hi-jacking and Other Perils Exclusion Clause forming part of this Policy. civil commotions or labour disturbances. (e) Confiscation. requisition for title or use by or under the order of any Government (whether civil military or de facto) or public or local authority. 2. Automatic Review of Terms or Cancellation (b) Notwithstanding 1(a) above. (ii) directly or indirectly arising out of any detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter whether hostile or otherwise. (b) Any debt. In the event of the review of the rate of premium and/or conditions and/or geographical limits not being accepted by the Insured then at the expiry of the said 7 days. effective on the expiry of 7 days from midnight G. acts of foreign enemies. detention. Spares as insured by Section One of the Policy. 3. damage or expense (i) caused by one or any combinations of any of the following: (a) War (whether there be a declaration of war or not) between any of the following States. the Russian Federation. Sudan. Bolivia. Armenia. Peru. Armenia. Iraq. (c) Any of the above may be included at terms to be agreed by Underwriters. Burundi. Liberia. Bougainville Island (P.). the Russian Federation. Cambodia (Kampuchea).). Ivory Coast. Any of the above may be included at terms to be agreed Leading Underwriter only. Peru.S. Western Sahara. Guinea-Bissau. 3. Zaire. Chechniya. subject to its terms and conditions and provided not otherwise cancelled. conditions. Lebanon. 11/96 LSW666 HARDY GEOGRAPHICAL WAR AREAS EXCLUSION CLAUSE Excluding Algeria. Sierra Leone. will be continued in respect of such aircraft until the said aircraft has completed its first landing thereafter. Liberia. Senegal. Automatic Termination Whether or not such notice of cancellation has been given this Insurance shall TERMINATE AUTOMATICALLY upon the outbreak of war (whether there be a declaration of war or not) between any of the following States. Iran. Liberia. LSW617B (7/97) L- . Somalia. Cambodia (Kampuchea). Myanmar (Burma). Sudan. Bosnia and the following Ex-U. Senegal.R. Colombia. Rwanda. shall not apply to this Endorsement. States/Republics. pro rata return of premium shall be payable to the Insured in the event either of Cancellation by Notice from Insurers or of Automatic Termination as in 2 above.E. Colombia. limitations and exclusions as apply to Section One of the Policy except as specifically varied or provided hereby. In respect of jet aircraft only overflying of excluded areas is included hereunder subject to all necessary permits having being obtained prior to the commencement of such overflights.N. Myanmar (Burma). Georgia. Libya. Lebanon. Western Sahara. Armenia. Ingusetia. the Democratic Republic of Congo (Zaire).N. Libya. Tadzhikistan. Ethiopia. Angola. Mali. Iraq. Mali. Somalia. Georgia. Lebanon. Angola. Sri Lanka. It is agreed that Clause 5 of Section One of the Policy. namely. Checheno/Ingushskaya. This Endorsement is subject to all terms. Moldova. Azerbaijan. Tadzhikistan. Ivory Coast. 14/11/94 LSW657B HARDY GEOGRAPHICAL WAR AREAS EXCLUSION CLAUSE Excluding: Algeria. North Korea. Kuwait.P. Afghanistan. the People’s Republic of China. Any of the above may be included at terms to be agreed by Underwriters. In respect of jet aircraft only overflying of excluded areas is included hereunder subject to all necessary permits having been obtained prior to the commencement of such overflights. Bougainville Island (P. Guinea. Cambodia (Kampuchea). Bougainville Island (P. North Korea. Ingusetia.N. Deductibles.G. Albania. Bolivia. the United States of America. Angola. Somalia. 5. Iran. Rwanda. Chechniya. 03/97 LSW666A G. Moldova. Azerbaijan. Afghanistan. Sierra Leone. Kuwait. Peru. terminated or suspended. Zaire. Iraq.S. Libya. Sri Lanka. 4. Rwanda. USUAL WAR AREAS EXCLUSION CLAUSE Excluding: Algeria. Ethiopia. El Salvador. Colombia. the United Kingdom. Sudan.G). France. Burundi. Burundi. 2. PROVIDED THAT if the aircraft is in the air when such outbreak of war occurs then this Insurance.This Endorsement may be cancelled by the Insured or Insurers giving notice not less than 7 days prior to the end of each period of 3 months from inception. Afghanistan. Guinea-Bissau. Guinea. Iran. Azerbaijan. The limit of Insurers liability in respect of any or all of the risks covered by this Endorsement shall not exceed the sum of in the aggregate during the period of the Policy to which this Endorsement attaches. Provided that there has been no claim hereunder.G. Unless specifically agreed to the contrary this insurance shall be subject to Austrian Law. de Berna 19. Montenegro.USUAL WAR AREAS EXCLUSION CLAUSE (JUNE 1999) Excluding countries and regions: Algeria. without prejudice to your rights in law. Any enquiry or complaint should be addressed in the first instance to your Broker. Checheno/Ingushskaya. Any enquiry or complaint should be addressed in the first instance to your Broker.U. Rwanda. c/o Ernst and Young. If you are not satisfied with the way a complaint has been dealt with you may write to: Lloyd's of London. Lebanon. 61 Ave. Cortenberg. Any enquiry or complaint should be addressed in the first instance to your Broker. If you are not satisfied with the way a complaint has been dealt with you may write to the Complaints and Advisory Department at Lloyd's in London. Eritrea. PRE CONTRACTUAL DISCLOSURE CLAUSE (AUSTRIA) Notice to the Proposer/Assured The Parties are free to choose the law applicable to this Insurance Contract. The address is: Complaints and Advisory Department Lloyd's of London. Sierra Leonne. Iran. Libya. Guinea-Bissau. One Lime Street LONDON EC3M 7HA who will review your case without prejudice to your rights in law. Burundi. Av. PRE CONTRACTUAL DISCLOSURE CLAUSE (PORTUGAL) Notice to the Proposer/Assured The Parties are free to choose the law applicable to this Insurance Contract. Any of which may be included at terms to be agreed Leading Underwriter only. 1040 Bruxelles. Democratic Republic of Congo. who will review your case without prejudice to your rights in law. Cambodia. LSW1002 B (10/95) E.U. LSW1002 P (10/95) L- .U. Somalia. Should any of the foregoing routes for complaint prove unsatisfactory. Colombia. Ethiopia. Angola. you are entitled to contact the Instituto de Seguros de Portugal (ISP). Belgium. Bosnia. Should any of the foregoing routes for complaint prove unsatisfactory. Macedonia. Afghanistan. If you are not satisfied with the way a complaint has been dealt with you may write to: Complaints and Advisory Department Lloyd's of London. PRE CONTRACTUAL DISCLOSURE CLAUSE (BELGIUM) Notice to the Proposer/Assured This insurance contract shall be subject to Belgian Law. Peru. 06/99 LSW617C E. Sudan. 1200 Brussels. Portugal. Albania. Unless specifically agreed to the contrary this insurance shall be subject to Portuguese Law. Iraq. One Lime Street LONDON EC3M 7HA LSW1002 A (10/95) E. Avenue Marcel Thiry 204. 1050 Lisboa. you are entitled to contact l’Office de Contrôle des Assurances. Liberia. Serbia. 260 PROOF AND METHOD OF MAILING NOTICE If a notice is required from an Insurer under this chapter.ALASKA CANCELLATION PROVISIONS (COMMERCIAL) Notwithstanding any other notice of cancellation provisions stated herein.260 at least 10 days before the effective date of cancellation.260 and to the agent or broker of record at least 10 days before the effective date of cancellation.36.36.36. parts of which are stated below. discovery of fraud or material misrepresentation made by the Insured or a representative of the Insured in obtaining the insurance or by the Insured in pursuing a claim under the policy.. discovery of a grossly negligent act or omission by the Insured that substantially increases the hazards insured against. Postal Service.36. AS21. and 2.36. AS21.36.36.36. AS21.260 at least 30 days before the effective date of cancellation. the notice shall be mailed to the Named Insured as required by AS21. the notice shall be mailed to the Named Insured as required by AS21. physical changes in the insured property that result in the property becoming uninsurable. However. obtain a certificate of mailing from the U. or 5. the notice shall be mailed to the Named Insured as required by AS21. and 2. parts of which are stated below: AS21. or for the failure or refusal of the Insured to provide the information necessary to confirm exposure or necessary to determine the policy premium. 3. justified by a physical change in the insured property or a change in its occupancy of use.S. if cancellation is for nonpayment of premium. if cancellation is for nonpayment of premium. 04/94 LSW618 ALASKA CANCELLATION PROVISIONS (PERSONAL) Notwithstanding any other notice of cancellation provisions stated in the policy. except for the following reasons: 1.S. 2.260 PROOF AND METHOD OF MAILING NOTICE If a notice is required from an Insurer under this chapter.36. the Insurer shall 1. mail the notice by first class mail to the last known address of the Insured. NOTHING CONTAINED HEREIN SHALL OVERRIDE THE BASIS OF CALCULATING PREMIUM SPECIFIED IN THIS POLICY. or (2) for discovery of fraud or material misrepresentation made by the Insured or a representative of the Insured in obtaining the insurance or by the Insured in pursuing a claim under the policy.36. this policy shall conform to the Cancellation Provisions of the Alaska Insurance Code Statutes. 4.220 NOTICE OF CANCELLATION (b) An Insurer may not exercise its right to cancel a policy of business or commercial insurance unless a written notice of cancellation is mailed to the Named Insured as required by AS21. Postal Service.36.260 at least 20 days before the effective date of cancellation.260 and to the agent or broker of record at least 20 days before the effective date of cancellation. mail the notice by first class mail to the last known address of the Insured. NOTHING CONTAINED HEREIN SHALL OVERRIDE THE BASIS OF CALCULATING PREMIUM SPECIFIED IN THIS POLICY. However. AS21. including nonpayment of additional premiums.36.210 (f).220 NOTICE OF CANCELLATION (a) An Insurer may not exercise its right to cancel a personal insurance policy unless a written notice of cancellation is mailed to the Named Insured as required by AS21. this policy shall conform to the Cancellation Provisions of the Alaska Insurance Code Statutes. obtain a certificate of mailing from the U. the Insurer shall 1.260 and to the agent or broker of record at least 60 days before the effective date of cancellation. conviction of the Insured of a crime having as one of its necessary elements an act increasing a hazard insured against. 04/94 LSW619 L- . nonpayment of premiums. calculated in accordance with the current rating manual of the Insurer. the notice shall be mailed to the Named Insured as required by AS21. 2. or 3.210 LIMITS OF CANCELLATION (f) An Insurer may not exercise its right to cancel a policy of personal insurance other than personal automobile insurance. If cancellation is for a reason described in AS21. If cancellation is (1) for conviction of the Insured of a crime having as one of its necessary elements an act increasing a hazard insured against. recertification is required. Should they fail to appoint such a third arbitrator within thirty days of the appointment of the respondent’s arbitrator then either of them or either of the parties may apply to the appointor for the appointment of the third arbitrator.. The Subscribing Underwriters hereon are nonadmitted carriers in Alaska. The Underwriters reserve the right to cancel this Policy sooner than the date of expiration by giving the notice required pursuant to AS21..36.36. if any. the following notice is given: You are hereby notified that. that a new policy from the surplus lines broker be effective concurrent with the cancellation/expiration of this Policy. We hereby advise you that a new policy. Within thirty days of receiving such notice the r espondent shall appoint their arbitrator and give written notice thereof to the claimant.. Prior to issuing a subsequent policy or extending this Policy. Insurance may only be purchased from nonadmitted insurers if the full amount or kind of insurance cannot be obtained from insurers who hold a valid Certificate of Authority to do business in Alaska. The arbitrators shall make their award in accordance with current reinsurance market practice pertaining during the period of this Contract and with a view to effecting the general purpose of this Contract in a reasonable manner. in recognition of the legislative mandates. rather than in accordance with a literal interpretation of its language. Unless the parties otherwise agree.235. is subject to rerating which may or may not result in a premium increase of more than ten percent. Before they enter upon reference the two arbitrators shall appoint a third arbitrator. including its formation and validity and whether arising during or after the period of this Contract. taxation.36.. if issued by the Underwriters. THIS IS A MANDATORY ENDORSEMENT REQUIRED BY THE ALASKA LEGISLATURE EFFECTIVE DATE OF THIS ENDORSEMENT: . If no majority can be reached the verdict of the third arbitrator shall prevail... inspection of documents.. the arbitration tribunal shall consist of persons employed or engaged in or retired from senior positions in insurance or reinsurance with not less than ten years experience of insurance or reinsurance.ALASKA POLICYHOLDER NOTICE The Alaska Legislature has declared that insurance transactions with nonadmitted insurers are so affected with the public interest as to require regulation. is issued.220.. He will also act as chairman of the tribunal. through your broker. Pursuant to AS21.10 .. Unless the parties agree upon a single arbitrator within thirty days of one receiving a written request from the other for arbitration. 03/95 LSW620 ARTICLE . The arbitration tribunal shall have power to fix all procedural rules for the holding of the arbitration including discretionary power to make orders as to any matters which it may consider proper in the circumstances of the case with regard to pleadings. The appointor shall be L .. Alaska Statutes require minimum notice of nonrenewal and/or an increase in premium. nonadmitted insurers are prohibited from the automatic extension of policies without recertification from a licensed surplus lines broker. the claimant (the party requesting arbitration) shall appoint their arbitrator and give written notice thereof to the respondent. You may request.. this Endorsement serves as notice to you of a ten percent or more rate increase for any subsequent policy issued to you. pursuant to AS21. supervision and control of transactions and matters relating to nonadmitted insurance and have established laws to encourage placement of insurance with admitted insurers. failing which the claimant may apply to the appointor hereinafter named to nominate an arbitrator on behalf of the respondent. your policy is cancelled effective no later than the date and time of its expiration. Actual rates which apply at the time a subsequent policy.ARBITRATION CLAUSE All matters in difference between the Reinsured and the Reinsurers (hereinafter referred to as the “parties”) in relation to this Contract.. Therefore. To avoid intentional or unintentional extension of coverage in the surplus lines market when an admitted market for that coverage exists. shall be referred to an arbitration tribunal in the manner hereinafter set out. will be made available to you prior to the issuance of the new policy or the date subsequent coverage is bound whichever occurs first.. discovery.. examination of witnesses and any other matter whatsoever relating to the conduct of the arbitration and may receive and act upon such evidence whether oral or written strictly admissible or not as it shall in its discretion think fit.240. The three arbitrators shall decide by majority. Your broker and the surplus lines broker have determined that this was true on the date this policy was placed.. each Insured Person excluding the first . surface of less than 3 sq. The arbitrators are therefore also competent to decide any question as to the formation and validity or otherwise of the Contract and consequences thereof.. The parties agree that this article shall be construed as an independent agreement continuing in force in all circumstances even if the Contract in which it is embodied should be void ab initio. Partial removal of the lower jaw.cm.... If either of the parties should fail to carry out any award the other may apply for its enforcement to a court of competent jurisdiction in any territory in which the party in default is domiciled or has assets on carries on business..... rising section in its entirety or half of the maxillary bone.. Loss of one eye.. Loss of both legs.... the Underwriters hereon shall only be liable for the difference between such recovery and the total cost of Medical Expenses incurred..cm. Loss of both feet..cm. LSW 323 (01/92) MEDICAL EXPENSES (ACCIDENT) ENDORSEMENT (for use in conjunction with KA Form) It is hereby understood and agreed that the Medical Expenses provision appearing at the foot of the Schedule of Compensation is deemed to be deleted and replaced by the following: MEDICAL EXPENSES Medical Expenses incurred within twelve months of the date of an Accident in respect of accidental Bodily Injury sustained by an Insured Person during the period of this Insurance will be paid in addition by the Underwriters up to but not exceeding ..... However. Loss of one arm and one leg.. 02/94 LSW726 SCALE OF PERMANENT DISABILITIES BY ACCIDENT The percentage of the sum insured under Item 2 in respect of Permanent Total or Permanent Partial Disablement shall be as follows:Permanent total disablement Total loss of sight of both eyes.. Total incurable insanity... Upper Limbs L .. surface of 3 to 6 sq.. The seat of the arbitration shall be in and the arbitration tribunal shall apply the laws of as the proper law of this Contract and of this arbitration agreement...... of traumatic origin. Loss of one arm and one foot. Loss of speech.. Removal of the lower jaw. Complete deafness of both ears..11 Right 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 100% 40% 20% 10% 40% 40% 30% Left .. Permanent partial disablement Head Loss of osseous substance of the skull in all its thickness surface of at least 6 sq... if in respect of such Medical Expenses the Assured or the Insured Person shall recover any payment under any other insurance. Loss of one hand and one foot. Complete deafness of one ear. The award of the arbitration tribunal shall be in writing and binding upon the parties who covenant to carry out the same. not exceeding the limit expressed above... Loss of both arms or both hands.... of each and every claim.....All costs of the arbitration shall be at the discretion of the arbitration tribunal who may direct to and by whom and in what manner they shall be paid. Loss of one hand and one leg. Shortening by 1 to 3 cm. Amputation of two phalanges of forefinger. Elbow anchylosis in favourable position (15 degrees round the right angle). Amputation of the ungual phalanx of forefinger. Shortening of the lower limb by at least 5 cm. Partial loss of thumb (ungual phalanx).12 . Total anchylosis of thumb. Total amputation of forefinger. Shortening of the lower limb by 3 to 5 cm. Complete paralysis of two nerves (poplitic sciatic external and internal).Loss of one arm or one hand. Amputation of two toes. Partial loss of foot (sub-ankle-bone disarticulation). Total loss of thumb. Total paralysis of the radial nerve at the torsion cradle. Simultaneous amputation of thumb and forefinger. Amputation of the median finger. Loss of osseous substance of the knee-pan with considerable separation of the fragments and considerable difficulty of movements in stretching the leg. Amputation of three fingers other than thumb and forefinger. Total paralysis of the hand radial nerve. Considerable loss of osseous substance of the arm (definite and incurable lesion) Total paralysis of the upper limb (incurable lesion of the nerves). in unfavourable position. Total paralysis of the median nerve. Amputation of a finger other than thumb. Anchylosis of the knee. 60% 50% 65% 20% 40% 25% 40% 40% 45% 40% 30% 20% 30% 20% 30% 20% 10% 20% 15% 10% 5% 35% 25% 12% 20% 45% 40% 10% 7% 60% 50% 45% 40% 35% 30% 60% 30% 20% 40% 40% 20% 60% 40% 20% 30% 20% 10% 25% 20% 10% 10% 5% 3% 50% 40% 55% 15% 30% 20% 35% 30% 35% 35% 25% 15% 25% 15% 25% 15% 5% 15% 10% 8% 3% 25% 20% 8% 15% 40% 35% 8% 3% Anchylosis of the fingers (other than thumb. and forefinger) and of the toes (other than the big toe) shall only entitle to 50% of the compensation which would be due for the loss of the said members. Total paralysis of the cubital nerve. Total amputation of all the toes. Loss of osseous substance from thigh or both bones of the leg (incurable condition). Anchylosis of the wrist in favourable position (straight and in pronation). Amputation of thumb and a finger other than forefinger. L . Amputation of four fingers including thumb. Total paralysis of lower limb (incurable nerve lesion). Anchylosis of the wrist in unfavourable position (flexion or strained extension or supine position). Complete paralysis of the external poplitic sciatic nerve. Lower Limbs Amputation of thigh (upper half). Amputation of four toes including big toe. Partial loss of foot (medio-tarsal disarticulation). Amputation of four toes Anchylosis of the big toe. Total paralysis of the circumflex nerve. Amputation of four fingers excluding thumb. Anchylosis of the hip. Shoulder anchylosis. Amputation of one toe other than the big toe. Loss of osseous substance of the knee-pan while the movements are preserved. forefinger and median. Amputation of thigh (lower half) and leg. Partial loss of foot (tarso-metatarsal disarticulation). Total paralysis of the forearm radial nerve. Total loss of foot (tibio-tarsal disarticulation). Complete paralysis of the internal poplitic sciatic nerve. Amputation of two fingers other than thumb and forefinger. Extensive loss of osseous substance of the two bones of the forearm (definite and incurable lesion). If the dispute is not resolved. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first.P. If the {Response} is left-handed and has specifically mentioned this on the Proposal Form.O.28-C. Austin. you may contact the Texas Department of Insurance. the occupation of the {Response} not being taken into consideration. Article 1. the percentages set out above for the various disabilities of the right upper limb and left upper limb will be transposed. The State Board of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this coverage.13 . Insurance Code.14. TX 78714-9104. Insurance Code. but shall not exceed the total sum insured under Item 2 of the Schedule of Compensation. LSW1022 04/98 TEXAS SURPLUS LINES CLAUSE “THIS Insurance contract is with an insurer not licensed to transact insurance in this state and is issued and delivered as a surplus lines coverage pursuant to the Texas Insurance Statutes. and this insurer is not a member of the Property and Casualty Insurance Guaranty Association created under Article 21. coverages. The partial or total "functional" disablement. 3. L.” LSW1023 04/98 L . of a limb or an organ is treated like the partial or total loss of the said limb or organ. The benefit payable by Underwriters in respect of each Insured Person will be reduced in the proportion which the above amount bears to the total amount otherwise payable under the Policy. Box 149104. The total compensation payable in respect of several disablements due to the same accident is arrived at by adding together the various sums. 12/93 LSW723 ACCUMULATION ENDORSEMENT In the event of an accident involving more than one Insured Person Underwriters will not be liable for more than {Response}. requires payment of 4. To obtain information or make a complaint: (a) You may contact the Texas Department of Insurance to obtain information on companies.85 percent tax on gross premium. Fax # (512) 475-1771 2. not specifically dealt with in the Scale of Permanent Disabilities.Permanent disabilities by accident not mentioned above shall be compensated in accordance with their seriousness as compared with that of those mentioned. 438 (9/82) TEXAS COMPLAINTS NOTICE IMPORTANT NOTICE 1. (03/94) LSW767 SIMULTANEOUS SETTLEMENT CLAUSE (REINSURANCE) Reinsurers agree to pay their share of any loss hereon simultaneously with Insurers participating in the original insurance.2. rights or complaints at: 1-800-252-3439 (b) You may write to the Texas Department of Insurance: P. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document.O. Miscellaneous Clauses D.L. DANN CLAIMS NOTIFICATION CLAUSE Warranted immediate advice to London of any incident which might result in a claim on this Policy and the waiting period commences from either receipt of such advice by the Underwriters hereon or the date of grounding for repair whichever is the later. ADW027 CONTRACTUAL AGREEMENTS Contractual agreements and requirements entered into by the Assured prior to the inception of this Policy are automatically covered under this Policy provided that such contractual agreements and requirements have been (i) (ii) accepted by previous Insurers or declared to Underwriters at inception of this Policy. The Assured has the right to enter into contractual agreements and requirements subsequent to inception containing exoneration, hold harmless, and/or indemnity provisions but only with respect to the risks covered under this Policy provided the inclusion of such agreements is in accordance with the normal operation of the Assured's business; such agreements shall as far as possible, be on a reciprocal basis, and Underwriters shall indemnify the Assured from such liabilities which may arise therefrom subject to the payment of additional premiums, if any, as may be required. Such agreement(s) to be notified to Underwriters as soon as possible. All Other Terms And Conditions Remain Unchanged Misc1 COMPLETED OPERATIONS "Completed Operations means injury to persons and loss of or damage to property arising out of operations or reliance upon a representation or warranty made at any time with respect thereto, but only if the injury to persons or damage to property occurs after such operations have been completed or abandoned and occurs away from the premises owned by or rented to the Named Insured. "OPERATIONS" include materials, parts or equipment furnished in connection therewith. Operations shall be deemed completed at the earliest of the following times: a) b) c) When all operations to be performed by or on behalf of the Named Insured under the contract have been completed, When all operations to be performed by or on behalf of the Named Insured at the site of the operations have been completed, or When the portion of the work out of which the injury or damage arises has been put to its intended use by any person or organisation other than another contractor or sub-contractor engaged in performing operations for a principal as a part of the same project. Operations which may require further service or maintenance work, or correction, repair or replacement because of any defect or deficiency, but which are otherwise complete, shall be deemed completed. Misc2 SPECIAL WAIVERS AND PERMITS Notwithstanding Condition 3 of this Policy, it is understood and agreed that the Insured may operate under the following type of special permit or waiver from the Aviation Authority: (i) (ii) flights under a Ferry Flight permit; flights involving a temporary extension beyond the normal overhaul or replacement life of an engine or other aircraft parts or components having a limited authorised time life or overhaul period. Other flights under a special permit or waiver are automatically covered by this Policy, subject to notice to Underwriters within seven (7) days of the flight(s) and the payment of an additional premium, if any, to be assessed by the Underwriters. Misc3 M-1 AGGRAVATION OF EXISTING INJURIES EXCLUSION CLAUSE Notwithstanding anything contained herein to the contrary and in consideration of the premium charged, it is hereby noted and agreed that this policy shall exclude the Assured's liability for aggravation of existing illness and/or injury of patients being carried, caused other than by an accident involving damage to the insured aircraft. Misc4 BAGGAGE LEGAL LIABILITY INSURANCE The coverage provided by this Policy is extended to cover the Legal Liability arising out of the carriage of Passengers Baggage and personal effects other than accounts, bills, currency, deeds, evidences of debt, letters of credit, passports, documents, jewellery, money, notes, securities and railroad or other tickets. It is understood and agreed that the foregoing extension of coverage **includes/excludes** Baggage and personal effects of Crew Members. Misc5 KNOWLEDGE AND CONSENT CLAUSE None of the coverages apply, if, with the Knowledge and Consent of an executive officer of the Insured, the aircraft is: (i) in flight unless its certificate of airworthiness or flight permit is in full force and effect but this exclusion shall not apply to flights undertaken for certification or re-certification of airworthiness purposes or under valid import or export permit; operated by any pilot in violation of the terms of his pilot certificate or medical certificate; being operated in violation of Government Air Regulations applying to instrument flying, repairs, maintenance, inspection and night flying or for aerobatics. Misc6 BAGGAGE DEFINITION "Baggage" shall be deemed to mean baggage and personal effects including effects worn or carried on or about the person whilst in, boarding or alighting from an aircraft. Misc7 AGGREGATE EXTENSION CLAUSE It is hereby understood and agreed that as a result of this Policy being extended to expire on the the Policy Limits are amended:Not more than $ any one occurrence and in the aggregate, including within such limit grounding liability for up to $ any one grounding, and in the aggregate shall be applicable for:1. The first twelve months or 2. The period of the extension separately. However, in no event shall the limit of Liability for the total Policy period exceed $ in the aggregate including within such limit grounding liability for up to $ in the aggregate. Misc8 INGESTION CLAUSE Ingestion damage by stones, grit, dust, sand, ice or other corrosive or abrasive material, which results in progressive engine deterioration will be regarded as "wear and tear" and excluded from coverage of this Policy, but ingestion causing sudden damage attributable to a single recorded incident is covered; each occurrence to each engine to be a separate claim unless such damage is caused by a forced or crash-landing. Misc9 INDUSTRIAL AID DEFINITION Industrial Aid shall mean personal, pleasure, family and business use, also the transportation of Executives, Employees, Guests of the Insured, goods and merchandise, but excluding any operation for hire or reward, or for instruction. Misc10 (ii) (iii) M-2 CUT-THROUGH CLAUSE The Reinsurers and the Reassured hereby agree that in the event of any claim arising under the reinsurances in respect of a total loss or other claim where as provided by the Agreements such claim is to be paid to the person named as Loss Payee under the Original Policy, the Reinsurers shall in lieu of payment to the Reassured, its successors in interest and assigns pay to the person named as Loss Payee or such person's assignee under the Original Policy effected by the Assured that portion of any loss due for which the Reinsurers would otherwise be liable to pay the Reassured (subject to proof of loss), it being understood and agreed that such payment by the Reinsurers shall (to the extent of such payment) fully discharge and release the Reinsurers from any and all further liability in connection therewith. To provide for payment to be made notwithstanding (a) any bankruptcy, insolvency, liquidation, dissolution, receivership, administration or similar of the Reassured and or (b) that the Reassured has made no payment under the Original insurance Policy(ies). In accordance with the lease agreement between the Loss Payee and ................................... dated .................................... Reinsurers reserve the right to set off against any claim payable under the Reinsurance Policy any outstanding premium(s) (applicable to the aircraft involved in the loss) covered by the Original Policy. If Reinsurers exercise their right to set off any outstanding premium, upon subsequent receipt by Reinsurers of such outstanding premium, Reinsurers hereby agree to refund the set off premium to the Loss Payee or such person's assignee. Any payment due under this clause shall not contravene any law, statute or decree of the Government of ............................................................ Subject to the policy coverage, terms, conditions, limitations and exclusions. ITINERANT STORAGE CLAUSE It is agreed that the coverage hereunder provided shall not be invalidated by acceptance of conditions by the Insured and/or their appointed representatives relating to storage, use of equipment or facilities and the like, which may from time to time be imposed or required by hangarkeepers, airport operators or others, provided the periods involved do not exceed seven consecutive days duration. Subject to the Policy terms, conditions and limitations. SEARCH AND RESCUE, WRECK REMOVAL, RUNWAY FOAMING, FIRE AND CRASH CONTROL EXPENSES CLAUSE It is understood and agreed that Underwriters agree to pay in addition to the applicable Indemnities (a) actual expenses incurred by or on behalf of the Insured or costs legally assessed against the Insured for search and rescue operations for an aircraft insured under this Policy determined to be missing and unreported after the computed maximum endurance of the flight has been exceeded actual expenses incurred by or on behalf of the Insured or costs legally assessed against the Insured for any attempted or actual raising, removal, disposal or destruction of the wreckage of the aircraft actual expenses incurred by or on behalf of the Insured or costs legally assessed against the Insured for the foaming of a runway for the purpose of reducing the amount of loss to an aircraft insured hereunder or for the purpose of reducing damages from an occurrence or the possibility of an occurrence whether or not such occurrence actually happens actual expenses incurred by or on behalf of the Insured or costs legally assessed against the Insured for Fire and Crash Control Expenses in respect of a loss to an aircraft insured hereunder. The Limit of Liability under this Clause in respect of paragraphs (a), (b), (c) and (d) either individually or combined shall not exceed $ any one loss and in the aggregate. (b) (c) (d) M-3 WORK IN PROGRESS Notwithstanding anything contained herein to the contrary, it is understood and agreed that in the event of a loss arising during the period an aircraft is undergoing alteration and/or repair, Underwriters' liability shall be limited to the actual value of the aircraft at the time of the loss, which value shall include the loss of invested labour and materials used to the date of the loss, such invested labour and materials to be substantiated by the Named Insured's records and/or records and/or invoices presented by the company or companies undertaking the alteration or repair. Premium shall be due and payable at the Policy rate on the Value of the aircraft as determined by Underwriters at the commencement of alterations and/or repairs. At the completion of alterations and/or repairs as average value shall be computed by adding together the values at the commencement and completion of the alterations and/or repairs and dividing the sum by two and a pro rata additional premium shall be due and payable computed at the Policy Rate on the difference between the value at the commencement of alterations and/or repairs and the average value. FERRY FLIGHT ENDORSEMENT The term FERRY/DELIVERY FLIGHT shall be understood to mean the period of time commencing when the pilot enters the aircraft for the purpose of taking off for the specific flight for which this insurance is provided (including any intervening period whilst on the ground incidental to the flight in question) and ending at the time the pilot has descended from the aircraft after the aircraft has completed its landing run at the airfield of delivery at the conclusion of said flight. NOTWITHSTANDING the above this endorsement is extended to include not exceeding two hours familiarisation flights prior to the commencement of the ferry flight provided such familiarisation flights are effected not more than forty-eight hours prior to the date of the commencement of the ferry flight. IN NO EVENT, HOWEVER, shall the insurance granted by this endorsement extend beyond with the exception that, if due to "force majeure", the flight for which this endorsement provides insurance is prolonged beyond the said date (or limit of time), or if prior notice be given to Underwriters of an extension otherwise required by the Insured, then such insurance will be automatically extended at terms to be agreed. SUBJECT OTHERWISE to the terms, conditions and limitations of the Policy to which this endorsement is attached. ADR023 RECOVERY COSTS CLAUSE In the event of loss or damage, the Insured shall use all due diligence to safeguard and protect the Aircraft and take such steps as may be necessary for removal to a place of safety, or to a place where repairs can be carried out, and the Underwriters shall reimburse all costs and expenses reasonably incurred for the foregoing purposes in addition to any other sums payable in accordance with this Policy even if nothing is payable in accordance therewith by reason of the relevant deductible specified in Item 6 of the Schedule applicable to the Aircraft Hull Policy. CHEMICAL LIABILITY EXCLUSION CLAUSE This Policy does not apply to liability for bodily injury to or sickness or disease or death of any person, and/or injury to, or destruction of property, including the loss of use thereof, caused by chemicals, dusting powders, seeds, fertilisers and compounds. ADW003 MINISTRY OF DEFENCE INDEMNITY It is understood and agreed that the coverage applies in respect of the indemnity required by the Ministry of Defence as per "Indem 3.81/Form 4a". All endorsements/agreements on the expiring Policy continue to apply. TRESPASSERS COST CLAUSE Underwriters will settle reasonable claims for loss or damage to crops and/or other property, caused by Trespassers arising out of crash or forced landing by the aircraft and, if such loss or damage is not recoverable from the trespassers, the Underwriters shall be liable up to but not exceeding £ in the aggregate during the currency of this Policy. Misc11 M-4 All rights and benefits of any actions which the shipper may possess or acquire against the buyer &/or the buyer's insurers. or suspending the sale contract whilst the goods are in transit. This Open Policy is extended to cover the contingent insurable interest of the unpaid shipper where the contract of sale places on the buyer responsibility for insurance prior to arrival of the oversea Vessel/Aircraft at the intended port/airport of destination. 5. Underwriters hereon agree to grant against this Open Policy. DEVALUATION CLAUSE Whereas the Aircraft as set forth in the Schedule of Aircraft are insured on an Agreed Value basis and Whereas the Assured would need to purchase replacement aircraft in a different currency ("the replacement currency") to the currency of this Policy ("the policy currency") Now therefore Underwriters agree that the premium currency Agreed Value shall be revised quarterly to maintain the replacement currency value as set forth below: Schedule of Aircraft Registration Number Replacement Currency Value Item Aircraft It is understood and agreed that the premium shall be adjusted in accordance with the quarterly amendments made to the Aircraft Agreed Values in the policy currency. to expedite sale of the goods to another party or their return to the shipper. to enforce the sale contract. 3. when this is reasonable to safeguard his interests. The shipper shall take all reasonable steps to protect the cargo. 6. or if this is not possible. 2. A) Notwithstanding anything to the contrary contained herein the period of cover available under this section of the Open Policy shall not extend beyond 60 days after completion of discharge overside of the goods from the oversea vessel at the final port of discharge or at any intermediate port where such discharge does not form a normal part of the voyage stated in the Bill of Lading except that where notice is given to Underwriters within the above period of 60 days extensions of the cover granted may be arranged at rates and on conditions to be agreed by the Underwriters. This contingent interest insurance is not assignable. Warranted that the existence of this insurance shall not be disclosed to the buyer or any other interested party. B) the buyer failing to or refusing to accept or being prevented from accepting the whole consignment. Warranted that the shipper shall advise the Underwriters immediately he becomes aware of any circumstances which may give rise to the occurrence of one or more of the contingencies in Clause 2 above. 8. 4. C) the shipper exercising a right of lien on the goods. B) Notwithstanding anything to the contrary contained herein the period of cover available under this section of the Open Policy shall not extend beyond 60 days after completion of unloading the goods from the aircraft at the final airport or at any intermediate airport where such unloading does not form a normal part of the flight stated in the Bill of Lading except that where notice is given to Underwriters within the above period of 60 days extensions of the cover granted may be arranged at rates and on condition to be agreed by the Underwriters.SHIPPERS INTEREST 1. &/or carriers(s) &/or other persons are to be subrogated to the Underwriters. cover retrospective to the commencement of the transit in the event of ownership and/or responsibility for the goods remaining with or reverting to the shipper consequent upon any of the following contingencies:A) the buyer failing to or refusing to accept or being prevented from accepting the documents of title. ADW008 M-5 . or interrupting their transit. 7. b) the buyer failing to or refusing to accept or being prevented from accepting the whole consignment. to enforce the sale contract.SELLERS INTEREST 1.3% of annual 60% of annual 75% of annual 85% of annual 100% of annual M-6 . addition and deletion of aircraft and/or alteration of cover. All rights and benefits of any actions which the seller may possess or acquire against the buyer &/or the buyer's insurers. cover retrospective to the commencement of the transit in the event of ownership and/or responsibility for the goods remaining with or reverting to the seller consequent upon any of the following contingencies:a) the buyer failing to or refusing to accept or being prevented from accepting the documents of title. the minimum premium in respect of each aircraft shall be calculated as set forth below. c) the seller exercising a right of lien on the goods. This Open Policy is extended to cover the contingent insurable interest of the unpaid seller where the contract of sale places on the buyer responsibility for insurance prior to arrival of the oversea Vessel at the intended port of destination. Insurers hereon agree to grant against this Open Policy. the Insured's aircraft within the territorial limits of Germany. 8. No return of premium will be made in respect of any aircraft which has been the subject of a loss hereunder. or alight from. Notwithstanding anything to the contrary contained herein the period of cover available under this section of the Open Policy shall not extend beyond 60 days after completion of discharge overside of the goods from the oversea vessel at the final port of discharge or at any intermediate port where such discharge does not form a normal part of the voyage stated in the Bill of Lading except that where notice is given to insurers within the above period of 60 days extensions of the cover granted may be arranged at rates and on conditions to be agreed. to expedite sale of the goods to another party or their return to the seller. 3. 7. 6. The seller shall take all reasonable steps to protect the cargo. The Personal Accident Insurance to be paid by the Insured to the person or persons legally entitled subject to a receipt acknowledging that such Personal Accident Insurance will be taken into account in any legal liability claim in accordance with LUFT VG paragraph 50 and LUFT VZO paragraph 95. unless otherwise agreed by the Underwriters. &/or carriers(s) &/or other persons are to be subrogated to the Insurers. when this is reasonable to safeguard his interests. Warranted that the existence of this insurance shall not be disclosed to the buyer or any other interested party. 2. Warranted that the seller shall advise the insurers immediately he becomes aware of any circumstances which may give rise to the occurrence of one or more of the contingencies in Clause 2 above. Minimum Premium 33. 5. imposition or loss of licence due to any recurrence of Asthma. Policy in force less than 31 days 31 days or more and less than 61 days 61 days or more and less than 91 days 91 days or more and less than 120 days 120 days or more ADW007 GERMAN AUTOMATIC PERSONAL ACCIDENT COVERAGE It is hereby agreed that to enable the Insured to comply with LUFT VG paragraph 50 and LUFT VZO paragraph 95 (German Air Law) this insurance is extended to include Automatic Personal Accident Insurance coverage of DM 35. or interrupting their transit. 4. ASTHMA EXCLUSION CLAUSE This insurance does not cover any disability.000 per passenger for death or injury (limited to disablement benefits as prescribed by German Insurance Law) in respect of those passengers who board. or if this is not possible. or suspending the sale contract whilst the goods are in transit. ORION DRAKE SHORT RATE CANCELLATION CLAUSE It is understood a agreed that in the event of cancellation of this Insurance by the Assured and in the event of nd substitution. such Personal Accident Insurance commencing from embarkation on the aircraft and terminating upon disembarkation therefrom. This contingent interest insurance is not assignable. GALL BLADDER EXCLUSION CLAUSE This insurance does not cover loss of licence arising directly or indirectly from the insureds Gall Bladder operation. All other Terms.C. or accelerated thereby. In the event of the Person Insured taking an electrocardiograph examination subsequent to completion of the Proposal Form the Company will consider the deletion of this endorsement upon receipt of a statement signed by the Person Insured giving: (1) (2) (3) (4) (5) The date of the examination. but for such disability or disease. DEFECTIVE COLOUR VISION EXCLUSION CLAUSE The insured person having stated that he suffers or has suffered from Defective Colour Vision it is hereby agreed that no compensation shall be payable hereunder in the event of death or disablement arising therefrom. Exclusions. HEARING EXCLUSION CLAUSE This insurance does not cover the incapacity as aforesaid. Details of any abnormality in or revealed by the examination and advised to the Person Insured. E. conditions and limitations of this Policy. traceable thereto. The Company will. limitations and conditions of this Policy. GYNAECOLOGICAL EXCLUSION It is hereby declared and agreed that this insurance does not cover any disability imposition or loss of licence due to any gynaecological condition or complications arising therefrom. imposition or loss of licence due to: (a) Cardiovascular disease or malfunction or (b) Cardiovascular disease or malfunction or other disease whose presence is suspected by an abnormality in an Electrocardiograph. EXCLUSION CLAUSE This Insurance does not cover any disability. the handling or use of chemicals or fertilisers used in connection with the Insureds past or present crop dusting seeding fertilisation spraying or other related activities. Confirmation that the Electrocardiogram has been approved by the Licence Issuing Authority. Subject otherwise to the terms. or (b) Cardiovascular disease or malfunction or other disease whose presence is suspected by an abnormality in an Electrocardiograph. M-7 . conditions. Subject otherwise to the terms. however. exclusions. CHEMICAL EXCLUSION CLAUSE This Insurance does not cover any disability imposition or Loss of Licence due to illness arising out of. Limitations and Conditions of the Policy remain unaltered. imposition of special limitations or loss of the said Licence and/or Certificate of Validity hereinbefore referred to caused by failure to reach the necessary hearing standards. agree to delete this endorsement on receipt of confirmation that the Insured Person has passed an Electrocardiogram Test as approved by the Licence issuing Authority. would not have incapacitated the insured person from following his usual business or occupation.G. nor shall compensation be payable for any accident causing disablement which. nor shall compensation be payable beyond the usual time for any disablement or injury wherefrom the recovery of the insured person may in consequence thereof be retarded. imposition or loss of licence due to: (a) Cardiovascular disease or malfunction. Details of additional tests or reference to Specialists in consequence of the examination. Note: Each item must be listed even if there is a Nil answer.CARDIOVASCULAR EXCLUSION CLAUSE This Insurance does not cover any disability. exclusions and limitations of this Policy. exceptions. Subject otherwise to the terms. Confirmation that the next examination is to be held after the normal interval in time. or attributable to. exclusions. HYPERTENSION EXCLUSION CLAUSE This Insurance does not cover any disability. Misc12 VISUAL EXCLUSION CLAUSE This insurance does not cover the incapacity as aforesaid. imposition or loss of licence due to Renal Stone. limitations. limitations. PEPTIC ULCERATION CLAUSE It is agreed that this Policy does not cover any incapacity of the Insured due to Peptic Ulceration or its complications. except when such failure is produced by any personal injury or specific illness suffered during the period of this insurance which is totally divorced from the existing weakness in visual acuity. conditions. conditions. MALARIA EXCLUSION CLAUSE It is agreed that this Policy does not cover any incapacity of the Insured due to Malaria or its complications. imposition or loss of licence due to: (a) Cardiovascular disease or malfunction or (b) Cardiovascular disease or malfunction or other disease whose presence is suspected by an abnormality in an Electrocardiograph. BREACH OF AIR NAVIGATION REGULATIONS CLAUSE Any breach or contravention of Air Navigation and/or Airworthiness orders and requirements and/or regulations issued by any competent authority without the Insured's knowledge and consent shall not invalidate a claim by the Insured under this Policy. Subject to the Policy terms. nor shall compensation be payable for any accident causing incapacity which but for such Hernia. M-8 . limitations. limitations. RENAL STONE EXCLUSION It is hereby noted and agreed that this Policy does not cover any disability. Exclusions. Limitations and Conditions of the Policy remain unaltered. exceptions and exclusions. exceptions and exclusions. Subject to the Policy terms. would not have occurred. traceable thereto. exceptions and conditions. SPINAL COLUMN EXCLUSION CLAUSE It is agreed that this Policy does not cover any incapacity of the Insured caused by entervetebral disc lesion. limitations. imposition or loss of licence due to raised blood pressure or other Arterio Schlerotic Vascular Disease or complications arising therefrom. conditions. but the individual causing such breach or contravention shall not be entitled to indemnity hereunder. Subject otherwise to the Terms. exceptions and exclusions. nor shall compensation be payable beyond the usual time for any disablement or injury wherefrom the recovery of the Insured may in consequence be retarded. conditions. VISUAL EXCLUSION CLAUSE This insurance does not cover any disability. imposition of special limitations or loss of the said Licence and/or Certificate of Validity hereinbefore referred to caused by failure to reach the necessary visual standards. Limitations and Conditions of this Policy. Subject otherwise to the terms. it is agreed that no compensation shall be payable under this policy in the event of incapacity directly or indirectly arising as a result of a rupture of the Hernia scar during the ensuing twelve months.HEART EXCLUSION CLAUSE This insurance does not cover any disability. imposition or loss of licence due to failure of the Insured to reach the necessary visual standards except when such failure is produced by any bodily injury or specific illness suffered during the period of insurance which is totally divorced from the existing weakness in visual acuity. HEPATITIS CLAUSE This Insurance does not cover any disability or imposition or loss of licence due to Hepatitis or its complications. Subject to the Policy terms. exceptions and exclusions. Subject to the Policy terms. Exceptions. All other Terms. HERNIA EXCLUSION CLAUSE The Insured having stated that he suffers or has suffered during the past twelve months from Hernia. Circular 6/91 All Aircraft Operators in Cyprus Aviation Liability Insurance Cypriot operators of aircraft which are used for hire or reward must ensure that such aircraft are covered by insurance in respect of the following: (1) (2) (3) Third party liability in the amount of CY£200. M-9 . Strikes. Lock-Outs. ALL OTHER TERMS AND CONDITIONS REMAIN UNALTERED DATED IN LONDON:- SEVERABILITY OF INTEREST For the purposes of this Policy. Rebellion. Riots. and the Insurers hereby agree to waive all rights of subrogation or rights of recovery which it may have or acquire against any of the aforesaid parties arising out of any accident in respect of which any claim is made hereunder PROVIDED NEVERTHELESS that nothing in this Paragraph shall be deemed to increase the limit of the Insurer's liability set forth elsewhere in this Policy.ENDORSEMENT ATTACHING TO AND FORMING PART OF POLICY NUMBER IN THE NAME OF:REPUBLIC OF CYPRUS INDEMNITY CLAUSE IN CONSIDERATION of the Department of Civil Aviation granting permission to the Assured for the operation of the aircraft set forth in Part 2 of the Schedule. Acts of Foreign enemies. The rate of exchange to be applied in such circumstances shall be the rate applicable at the date of settlement of the loss. Disablement or Injury to the Insured Person(s) directly or indirectly caused by War. provided always that the Insured Person(s) is not actually engaged or taking part therein. costs and demands for personal injury (including death) or for damage or loss to property arising out of and in connection with the flight and/or ground operation of such aircraft. whether War be declared or not. Civil Aviation Department. Revolution. Labour disturbances or Civil Commotion. Misc13 CURRENCY EQUIVALENT CLAUSE It is understood and agreed that where specific currencies are set forth in this policy such amounts will be converted to an equivalent amount in another currency if required by the Assured. Notwithstanding the requirements of this Clause this Endorsement does not extend the coverages provided by this Policy. or endorsed hereon. Insurrection. 1991 and to indemnify the Government of the Republic of Cyprus in accordance with the terms of paragraph (3) of the said Circular. each Insured shall be considered as a separate and distinct entity and the Policy terms and conditions shall apply separately to each Insured against whom claim is made or suit is brought in the same manner as if a separate Policy had been issued to each of the said parties. this Insurance also covers Death. Military or usurped power. Invasion. All other terms and conditions remaining unaltered. In respect of this Endorsement only the words “personal injury” shall be deemed to read and mean “bodily injury”. Hostilities. actions. Liability to the aircraft occupants (passengers and crew) in accordance with the stipulations of the Warsaw Convention as amended. To indemnify the Government and/or Government servants or agents against all claims. PASSIVE WAR INCLUSION CLAUSE Notwithstanding anything contained in Exclusion (a) to the contrary. the Assured agrees to comply with the Aviation Liability Insurance provisions of the following Ministry of Communications and Works. Civil War. Circular 6/91 dated 13th March.000 for each incident separately. damage or destruction to baggage or cargo carried by the aircraft. (4) Liability for loss. that they cannot remove the property from the Country in which the aircraft is operating and/or its adjacent waters or re-register the aircraft. Misc14 Aviation Reinsurance Clause Being a Reinsurance of this policy is subject to the same Clauses and Conditions (special or otherwise) as the original policy or policies. The Reinsurers also expressly agree to pay their proportion of all legal and/or other special expenses incurred by the Reassured in connection with any claim made under the original policy or policies. alterations and cancellations as the Original Policy of the Reinsured. Strikes.ATTACHING TO AND FORMING PART OF POLICY NO:IN THE NAME OF:It is understood and agreed that the Coverage provided by this Policy is extended to include the following:DEPRIVATION (EXPORT/RE-REGISTRATION) CLAUSE (a) In the event of the Assured being deprived of the use or possession of the whole or part of an aircraft outside the country in which the Aircraft is operating or its territorial waters by reason of the Assured and/or their agents being unable to obtain permission to export the aircraft from the appropriate authority in the country in which the Aircraft is operating and thus being unable to export the property or being unable to obtain the deregistration of an aircraft and thus being unable to re-register an aircraft in another Country Underwriters agree to pay the Agreed Value of any item insured hereunder (or apportionable part thereof) of which the Assured is so deprived.7. as and if in original policy or policies. Misc15 29. interpretations. and is to pay as may be paid thereon. Nothing shall in any manner create any obligations or establish any rights against the Reinsurers in favour of any third parties or any persons not parties to this Reinsurance. Exceptions and Exclusions.1997 FOLLOW THE FORTUNES CLAUSE The Reinsurer’s Liability shall attach simultaneously with that of the Reinsured and shall be subject in all respect to the same risks. (g) Upon payment of any sum to the Assured as provided hereunder. but no subrogation shall impair the right of the Assured to recover the full amount of his claim. The Reinsurers agree to follow all agreements and/or alterations and/or additions and/or extensions made under the original policy. terms. (e) It is warranted that the necessary permits are obtained on the attachment hereof. (f) It is warranted that Insurers are advised immediately of any event likely to give rise to a claim under this extension of coverage. the true intent of this Reinsurance being that the Reinsurers shall follow the underwriting fortunes of the Reinsured in respect of this Reinsurance. failure to provide bond or security. Exclusions 1) No claim to attach hereto for any loss arising from any debt. Limitations. and to the same modification. Subject otherwise to the Policy Terms. (b) For the purpose of this clause. Misc16 M . with or without notice and whether made prior or subsequent to the time this Reinsurance is effected. the Assured shall be deemed to have been deprived of the use or the possession of the property after a period of six calendar months have elapsed from the date it has become apparent to the Assured. (d) Claims under this Policy are limited overall to the value of the property or apportionable parts thereof as agreed hereon. (c) It is warranted that the Assured and their agents take reasonable and repeated efforts to remove or re-register the property prior to and during the aforesaid period of six months.10 . conditions. Riots and Civil Commotion and the like. Conditions. and advised to Underwriters. Including the risks of War. waivers. the Underwriters shall to the extent of such payment be thereupon legally subrogated to all the rights of the Assured under all securities held as collateral to the debt and the Assured shall assign and transfer to the Underwriters all instruments of security pertaining to the aircraft. or any other financial cause. whether under court order or otherwise. joy riding.1 3. in the case of the Spares not having been discharged. Subject otherwise to the terms. "TRANSIT" shall be held to mean whilst the Glider is being moved. demonstration and test or trial flights after overhaul or repair but does not include any form of experimental or competitive flying or any other use involving abnormal hazard. If the voyage or air transit in the contract of carriage is terminated at a place other than the destination agreed therein. but thereafter reattaches as the Spares insured and as to any part as that part is loaded on an on-carrying overseas vessel or aircraft. conditions. During the period of 15 days this coverage remains in force after discharge only whilst the Spares insured and as to any part as that part is at such intermediate place. then this coverage continues until the expiry of 15 days counting from midnight of the day of arrival of the vessel or aircraft at such place. such place shall be deemed the final place of discharge and such coverage terminates in accordance with 1(b). or any variation of the adventure arising from the exercise of a liberty granted to shipowners. or attempt threat. whichever shall first occur. pleasure flying. subject to 2 and 3 below. M .11 . limitations of the policy. "GLIDING CLUB" shall be held to mean general gliding school work. or on expiry of 15 days counting from midnight of the day of arrival of the vessel or aircraft at the final place of discharge.Duration Transit Clause 1 This coverage (a) attaches only as the Spares insured and as to any part as that part is loaded on an overseas vessel or an aircraft for the commencement of a sea or air transit and (b) terminates. Agreed that wherever reference is made in this Policy to 'Aircraft' it shall be deemed to mean 'Glider'.2 in the case of the Spares insured having been discharged. 2 If during the insured voyage or transit the overseas vessel or aircraft arrives at an intermediate place to discharge the Spares insured for on-carriage by oversea vessel or by aircraft. or the goods are discharged from the vessel at a place of refuge. "GROUND" shall be held to mean whilst the Glider is exposed to hazards covered by this Policy which are not either as to nature or as to time included under the definitions Flight and Launching or Transit. when the vessel sails or aircraft departs from such deemed final place of discharge. charterers or the air carriers under a contract of affreightment or carriage. DEFINITIONS APPLICABLE TO ALL SECTIONS "FLIGHT AND LAUNCHING" shall be held to mean the time commencing when the Glider begins to move forward during the launching operation. including loading and/or unloading from any form of conveyance. exclusions. other than as defined under Flight and Launching. gliding club exercises. If the Spares insured are subsequently reshipped or consigned to the original or any other destination. as the Spares insured and as to any part as that part is loaded on the on-carrying vessel for the voyage or an on-carrying aircraft for transit. then such coverage reattaches 3. and continuing until the Glider ceases to travel forward under its own momentum after making contact with the ground. dual and solo instruction. either as the Spares insured and as to any part as that part is discharged from an overseas vessel or aircraft at the final place of discharge. 3 therafter such coverage terminates in accordance with 1(b). 4 This coverage shall remain in force during any deviation. Misc17 BRITISH GLIDING ASSOCIATION CLAUSE In the event that the insured Glider is flown by a pilot employed by the British Gliding Association for any test purpose it is agreed to include the British Gliding Association as joint Insured in respect of such flights and to waive rights of recourse against them subject always to the Policy limitations. iii) Combustible floors/substances in or surrounding this segregated area must be liberally covered with sand or protected by overlapping sheets of incombustible material.. d. iv) Where work is being carried out in any enclosed area an additional employee of the Assured or an employee of the occupier shall be present at all times to guard against an outbreak of fire. This extension shall only apply provided the aircraft is operated by pilots employed by or under contract to the Named Insured.. Fires to be in a cleared area and at a distance of at least 10 yards from any property. A suitable fire extinguisher to be kept available for immediate use. M . (10%) of the Amount Insured as stated in Part 3 (6) of the Schedule hereto subject to a maximum of £.. vii) A thorough examination must be made in the vicinity of the work approximately one hour after the termination of each operation. Hi-jacking and Other Perils Exclusion Clause contained within this Policy shall not exclude from this Policy coverage in respect of physical damage caused to the aircraft whilst legally requisitioned by a Federal or Provincial or Territorial Government for the purpose of moving personnel.. vi) The following must be kept available for immediate use near the scene of operations:a) suitable fire extinguishers and/or b) hoses connected up in readiness for immediate use and tested prior to the commencement of the work. Furthermore.. Fires to be extinguished at least one hour prior to leaving site at the end of each working day. v) No work should be carried out unless specifically authorised by the occupier who should also be asked to approve the safety arrangements. Hi-jacking and Other Perils Exclusion Clause contained within this Policy shall not exclude from this Policy coverage in respect of physical damage caused to the aircraft whilst legally requisitioned by a Federal or Provincial or Territorial Government. REQUISITION CLAUSE (FIRE FIGHTING) Paragraph (f) of the War. c. REQUISITION CLAUSE Paragraph (f) of the War. i) The immediate area in which the operation is to be carried out must be segregated to the greatest practicable extent by the use of screens made of metal and/or fire retardant material.. ii) The whole of this segregated area must be adequately cleaned and freed from combustible material before operations commence.AIRFREIGHT OF SPARES In the event of the Aircraft sustaining damage constituting a valid claim in terms of Section 1 of this Policy and necessitating the importation and/or exportation of aircraft spare parts the Company shall be liable for the cost of transportation by air of such spare parts up to ten per cent. HEAT WORK CLAUSE It is a condition of this Policy that the Assured shall take all steps to ensure the following precautions are complied with on each occasion where the Assured is using any oxyacetylene or electric welding or cutting plant or any blow lamp or blow torch away from his own premises.12 .. Fire not to be left unattended at any time.. In the event that it is not practicable for such examination to be carried out by the Assured's own employee then appropriate arrangements must be made with the occupier. equipment and supplies for fire flighting operations whilst requisitioned by a law enforcement agency. This extension shall only apply provided the aircraft is operated by pilots employed by or under contract to the Named Insured. where the Assured burns debris away from his premises the following precautions shall be taken on each occasion:a... b. viii) Before burning off metal work built into or projecting through walls or partitions an examination should be made to confirm that the other end of the metal is not in a hazardous proximity to combustible material which may be ignited by the conduction of heat.. Brockbank Ingestion Clause This Policy does not apply to loss of or damage to aircraft engine (s) by ingestion . It is a condition of this Policy that 3. M . that on or after 1st August 1999 a “principal policy” may be subject to the exclusion clause without the benefit of the limited coverage clause. or if this is impractical upon return to the Insured’s home base. 2.1. the “principal policy” shall also have the benefit of the relevant limited coverage clause (hereinafter in this endorsement the “limited coverage clause”) that is generally available from the Insurer imposing the exclusion clause. 4. spares and equipment in which the Insured has a financial interest. or that any limited coverage clause on a “principal policy” has been withdrawn or modified. 3.13 .1. Or 2) such loss or damage is attributable to a single identifiable incident provided that any engine trend monitoring equipment or similar analysis equipment can substantiate such an incident by date and time. In the event that the Insurers become aware 4. 4.2. Progressive or Cumulative damage to an aircraft engine howsoever arising shall be deemed to be wear and tear and shall be excluded. 1. unless 1) such loss or damage is attributable to a single recorded incident requiring the immediate withdrawal of the engine from service upon first landing. they reserve the right to issue 7 days notice to the Insured that the exclusion clause applying to the “principal policy” applies to the coverage afforded under this Policy in connection with Operator insured under that “principal policy”. It is a condition of this Policy that the Insured shall require of the Operator that if the “principal policy” is subject to the Date Recognition Exclusion Clause AVN2000. that as soon as possible and in any event no later than the 1st August 1999. or an exclusion clause intended to achieve a similar purpose (hereinafter in this endorsement “the exclusion clause”). Contingent Y2K Conditions (for use with LSW610A based wordings) The following special conditions are applicable to coverage afforded under a) b) Section One of this Policy in respect of “aircraft” Section Two of this Policy in respect of aircraft. 3. or as soon as practical provided that the manufacturer’s requirements are adhered to . the Insured shall report to Insurers no later than 1st July 1999 details of any “principal policy” which is subject to the exclusion clause and as respects which policy the Operator concerned has not confirmed to the Insured that at the 1st August 1999 the policy will have the benefit of the limited coverage clause upon becoming aware that any limited coverage clause has been withdrawn or modified the Insured shall immediately report this to the Insurers.2. It is a condition of this Policy that the Insured shall monitor the status of the exclusion clause and the limited coverage clause on each “principal policy”. Contingent Y2K Conditions (for use with Contingent wordings not based on LSW610A) The following special conditions are applicable to a) b) any contingent aircraft hull coverage any contingent aircraft. spares and equipment liability coverage afforded under this Policy in respect of aircraft. It is a condition of this Policy that 3. M . they reserve the right to issue 7 days notice to the Insured that the exclusion clause applying to the Operator’s policy applies to the coverage afforded under this Policy in connection with that Operator. The reporting requirement in clause 3 of this endorsement is paramount over any other provision in the Policy concerned with reporting or giving notice to Insurers. 3.14 .1. It is a condition of this Policy that the Insured shall monitor the status of the exclusion clause and the limited coverage clause on each Operator’s policy. spares and equipment in which the Insured has a financial interest. 2. 4. or an exclusion clause intended to achieve a similar purpose (hereinafter in this endorsement “the exclusion clause”). In the event that the Insurers become aware 4. the Insured shall report to Insurers no later than 1st July 1999 details of any Operator’s policy which is subject to the exclusion clause and as respects which policy the Operator concerned has not confirmed to the Insured that at the 1st August 1999 their policy will have the benefit of the limited coverage clause upon becoming aware that any limited coverage clause has been withdrawn or modified the Insured shall immediately report this to the Insurers. the Operator’s policy shall also have the benefit of the relevant limited coverage clause (hereinafter in this endorsement the “limited coverage clause”) that is generally available from the Insurer imposing the exclusion clause. 5. 4. 1.2.2.1. that as soon as possible and in any event no later than the 1st August 1999. It is a condition of this Policy that the Insured shall require of the aircraft. that on or after 1st August 1999 an Operator’s policy may be subject to the exclusion clause without the benefit of the limited coverage clause. spares and equipment Operator (hereinafter the “Operator”) that if the Operator’s policy is subject to the Date Recognition Exclusion Clause AVN2000. or that any limited coverage clause on an Operator’s policy has been withdrawn or modified. 3. M. subject to all the terms.M.M.K. Underwriters shall forthwith pay the death benefit under this Insurance provided that the person or persons to whom such sum is paid shall sign an undertaking to refund such sum to the Underwriters if the *Assured / Insured Person is subsequently found to be living.A.A. 785 (for use with K form) FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B Valid only for use with Personal Accident or Illness Policies covering U. conditions and limitations of this Policy. *Delete whichever is inapplicable. conditions and limitations of this Policy. residents (Approved by Lloyd's Underwriters' Non-Marine Association) It is hereby agreed that the Limited War Exclusion Clause contained in this Policy shall not apply where the accident or illness giving rise to the claim occurs whilst the Insured Person concerned is actually on a Journey abroad or in any country during the course of such a journey. conditions and limitations of this Policy.A. 6/12/62 N.A.M.K.K. 23/10/52 N. conditions and exclusions of this Insurance except as specifically provided herein. subject otherwise to the terms. if the *Assured / Insured Person disappears during the currency of this Insurance and his body is not found within one year after his disappearance.FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B Valid only for use with Personal Accident or Illness Policies covering U.K. conditions and limitations of this Policy. residents (Approved by Lloyd's Underwriters' Non-Marine Association) It is hereby agreed that the Limited War Exclusion Clause contained in this Policy shall not apply where the accident giving rise to the claim occurs whilst the Insured Person concerned is actually on a Journey abroad or in any country during the course of such a journey. subject otherwise to the terms. 785 (for use with KA form) FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B Valid only for use with Personal Accident or Illness Policies covering U.M. residents (Approved by Lloyd's Underwriters' Non-Marine Association) It is hereby agreed that the Limited War Exclusion Clause contained in this Policy shall not apply where the accident giving rise to the claim occurs whilst the Assured is actually on a Journey abroad or in any country during the course of such a journey. 23/10/52 N. 785 (for use with K5 form) FOREIGN TRAVEL (WAR EXTENSION) CLAUSE B Valid only for use with Personal Accident or Illness Policies covering U. subject otherwise to the terms.A. subject otherwise to the terms. residents (Approved by Lloyd's Underwriters' Non-Marine Association) It is hereby agreed that the Limited War Exclusion Clause contained in this Policy shall not apply where the accident or illness giving rise to the claim occurs whilst the Assured is actually on a Journey abroad or in any country during the course of such a journey. 1442 N-1 . limitations. 23/10/52 N. 785 (for use with K5A form) DISAPPEARANCE CLAUSE (Personal Accident) (Approved by Lloyd's Underwriters' Non-Marine Association) IN CONSIDERATION of the premium paid hereon it is hereby agreed that. 23/10/52 N. and sufficient evidence is produced satisfactory to the Underwriters that leads them inevitably to the conclusion that he sustained accidental bodily injury and that such injury caused his death. LIMITATIONS.A. the United Kingdom. 17/12/70 NMA 1732 U. CONDITIONS AND EXCLUSIONS OF THIS POLICY ARE OTHERWISE UNCHANGED. Standard K. limitations and conditions. HI-JACK CLAUSE (For attachment to N.A. or war in Europe. or any attempt thereat. the Russian Federation and the United States of America. 1259 N-2 . Forms) (Approved by Lloyd's Underwriters' Non-Marine Association) Subject otherwise to the terms and conditions of the policy it is hereby agreed that the term "Accident" shall be deemed to include Hi-jack. this Insurance does not cover loss consequent on:(a) (b) war. or the crew thereof.A. France. ALL THE TERMS. and exposure resulting therefrom. 17/12/59 N. in which the Insured Person is travelling as a passenger. Definition Hi-jack means unlawful seizure or wrongful exercise of control of an aircraft or conveyance.A. 981 LIMITED WAR EXCLUSION CLAUSE (Personal Accident or Illness Insurances) Notwithstanding anything to the contrary contained herein.EXPOSURE CLAUSE (Personal Accident) (Approved by Lloyd's Underwriters' Non-Marine Association) IN CONSIDERATION of the premium paid hereon it is hereby agreed that. The words "occurrence" or "occurrences" shall be deemed to have the same meaning in this Policy as is attributed to them in the policy(ies) of the Primary Insurers but. whether declared or not (other than civil war but including any enforcement action by or on behalf of the United Nations).M. 16/1/58 N. China. NMA 2582 (1/7/93) Form approved by Lloyd's Underwriters' Non-Marine Association Limited. namely. for a period not exceeding twelve months from the date of the Hi-jack. for the purposes of this Policy all occurrences arising out of one event shall be treated as one occurrence.S. notwithstanding the foregoing. in which any of the said countries or any armed forces thereof are engaged. subject otherwise to its terms. this Insurance covers claims arising out of bodily injury caused by exposure to the elements as the result of an accident covered hereunder. The cover referred to above shall continue whilst the Insured Person is subject to the control of the person(s) or their associates making the Hi-jack and during travel direct to his domicile and/or original destination.M.M. The words "accident" or "accidents" wherever appearing elsewhere in this Policy shall be deemed to read "occurrence" or "occurrences" respectively. between any of the following countries. and CANADA "OCCURRENCE" CLAUSE (FOR USE WITH FORMS TP1 OR TP3) (Approved by Lloyd's Underwriters' Non-Marine Association) IN CONSIDERATION of the premium provided for herein it is hereby agreed that with respect only to coverages which are written on an "occurrence" basis in the policy/ies of the Primary Insurers:— The words "caused by accident" in the Insuring Clause in this Policy and the definition of the word "accident" in this Policy shall be deemed to be deleted. whether declared or not. Direct (Limited) applies. disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Professional and Malpractice Liability. or any agency thereof. Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada. Owners or Contractors (including railroad) Protective Liability. with any person or organization. the injury. or resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954.S. or any law amendatory thereof. entitled to indemnity from the United States of America. but if such facility is located within the United States of America. sickness. death or destruction resulting from the hazardous properties of nuclear material. sickness. if (a) (b) (c) the nuclear material (1) is at any nuclear facility owned by. N-3 . Landlords and Tenants Liability. or (2) the insured is. (b) II. parts or equipment in connection with the planning. maintenance. to expenses incurred with respect to bodily injury. stored. or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. This Policy* does not apply:I. As used in this endorsement: "hazardous properties" include radioactive. Product Liability. NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD) (Approved by Lloyd's Underwriters' Non-Marine Association) For attachment to insurances of the following classifications in the U. and "byproduct material" have the meanings given them in the Atomic Energy Act 1954 or in any law amendatory thereof. or operated by or on behalf of. sickness. "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (a) or (b) thereof. its Territories and Possessions. Automobile Liability (including Massachusetts Motor Vehicle or Garage Liability). processing or packaging waste.Liability .. Manufacturers and Contractors Liability. disease. the nuclear material is contained in spent fuel or waste at any time possessed. its territories or possessions or Canada. Under any Liability Coverage. or (3) handling. IV. III. under any agreement entered into by the United States of America. this exclusion (c) applies only to injury to or destruction of property at such nuclear facility. special nuclear material or byproduct material. solid or liquid. (2) processing or utilizing spent fuel. or had this policy not been issued would be. "nuclear facility" means (a) (b) any nuclear reactor. sickness. Under any Liability Coverage. or. operation or use of any nuclear facility. or any agency thereof. or under any Supplementary Payments Provision relating to immediate medical or surgical relief. Garage Liability.S. "spent fuel" means any fuel element or fuel component. "nuclear material" means source material. toxic or explosive properties. construction. to injury. an insured or (2) has been discharged or dispersed therefrom. not being insurances of the classifications to which the Nuclear Incident Exclusion Clause . Storekeepers Liability. materials. Elevator Liability. which has been used or exposed to radiation in a nuclear reactor. disease. Puerto Rico and the Canal Zone:Owners. transported or disposed of by or on behalf of an insured. used.A. "source material". handled.A. to injury. death or destruction arises out of the furnishing by an insured of services. disease. "special nuclear material". Under any Medical Payments Coverage. processed. any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium.U. Contractual Liability. death or destruction (a) with respect to which an Insured under the policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association. . damage to or loss of use of property directly or indirectly caused by seepage. Puerto Rico or the Canal Zone....A. fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof......... this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel.... pollution or contamination... 23/7/64 N.. Fines.... conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition. excavation.....A.... 4 (Approved by Lloyd's Underwriters' Non-Marine Association) This Insurance does not cover any liability for: (1) (2) (3) Personal Injury or Bodily Injury or loss of......(c) any equipment or device used for the processing...... "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material.A.... The cost of removing... the word "injury" or "destruction" includes all forms of radioactive contamination of property... any structure........Liability .. notice or process to be served upon the Underwriters for the purpose of instituting any legal proceedings against them in connection with this insurance may be served upon .. basin......M.A. its Territories or Possessions. who have authority to accept service on their behalf.... POLLUTION AND CONTAMINATION EXCLUSION CLAUSE No.. except as specifically provided in the foregoing to the contrary.. nullifying or cleaning-up seeping... SEEPAGE.... 1256 U.LIABILITY .....A... OVERSEAS JURISDICTION CLAUSE (Approved by Lloyd's Underwriters' Non-Marine Association) It is hereby agreed that:(1) (2) this insurance shall be governed by the law of .... premises or place prepared or used for the storage or disposal of waste.. 1483 N-4 ... of ....... RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE ..... It is understood and agreed that....... 13/2/64 N. punitive or exemplary damages. N.. or more than 250 grams of uranium 235. 1477 INDUSTRIES..S.. 22/1/70... 1686.. penalties.....M........... (d) and includes the site on which any of the foregoing is located... 17/3/60 N. the words underlined should be amended to designate the liability coverage to which this clause is to apply.. all operations conducted on such site and all premises used for such operations. exclusions.... With respect to injury to or destruction of property...Direct) to liability insurances affording worldwide coverage...A. and any summons.S.. this clause is subject to the terms..M.DIRECT (Approved by Lloyd's Underwriters' Non-Marine Association) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause ...whose Courts shall have jurisdiction in any dispute arising hereunder.... In relation to liability arising outside the U...M. polluting or contaminating substances.. medical. With respect to property. the furnishing by an Insured of services. consumption. thorium. by regulation. conditions and limitations of the Policy to which it is attached. any equipment or device used for the processing. excavation. except as specifically provided in the foregoing to the contrary. explosive. disposal or transportation of fissionable substances. exclusions.84) N-5 . The term "radioactive material" means uranium. N.NUCLEAR INCIDENT EXCLUSION CLAUSE-LIABILITY-DIRECT (BROAD)-CANADA (For use with all Public Liability Policies except Personal. plutonium. or (iii) handling. materials. their respective derivatives and compounds. away from a nuclear facility. It is understood and agreed that. distributed. The term "nuclear energy hazard" means the radioactive. maintenance. and the possession. use or application of atomic energy. any structure. 2. The term "fissionable substance" means any prescribed substance that is. or other hazardous properties of radioactive material. commercial or industrial purpose) used. (ii) processing or utilizing spent fuel. 5. agricultural. nor to bodily injury or property damage with respect to which an Insured under this policy is also insured under a contract of nuclear energy liability insurance (whether the Insured is unnamed in such contract and whether or not it is legally enforcible by the Insured) issued by the Nuclear Insurance Association of Canada or any other insurer or group or pool of insurers or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability. parts or equipment in connection with the planning. operation or use of a nuclear facility by or on behalf of an Insured. thorium and uranium or any one or more of them. this Clause is subject to the terms. Farmers' and Storekeepers') It is agreed that this Policy does not apply: (a) (b) to liability imposed by or arising under the Nuclear Liability Act. toxic. which have reached the final stage of fabrication so as to be usable for any scientific. handling.10. or of other radioactive material (except radioactive isotopes. thorium and uranium or any one or more of them.A. premises or place prepared or used for the storage or disposal of waste radioactive material. neptunium. (c) As used in this policy: 1. (c) (d) and includes the site on which any of the foregoing is located. fabricating or alloying of plutonium. together with all operations conducted thereon and all premises used for such operations. 4. a substance capable of releasing atomic energy by nuclear fission. The term "nuclear facility" means: (a) (b) any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of plutonium. processing or packaging waste. 3. or any one or more of them if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof. use. any equipment or device designed or used for (i) separating the isotopes of plutonium.M. operation or use of any nuclear facility. or as being requisite for the production. designate as being prescribed substances capable of releasing atomic energy. thorium or uranium enriched in the isotope uranium 233 or in the isotope uranium 235. basin. or more than 250 grams of uranium 235. maintenance. handled or sold by an Insured. 1978 (11. nor to bodily injury or property damage resulting directly or indirectly from the nuclear energy hazard arising from: (i) (ii) (iii) the ownership. or from which can be obtained. loss of use of such property shall be deemed to be property damage. construction. radioactive isotopes of other elements and any other substances that the Atomic Energy Control Board may. U.S.A. PRIOR DISABILITY OR DISEASE ENDORSEMENT (Personal Accident) (Approved by Lloyd’s Underwriters’ Fire and Non-Marine Association) The Assured / Insured Person * having stated that he suffers or has suffered from.......................................it is hereby agreed that no compensation shall be payable hereunder in the event of death or disablement arising therefrom, traceable thereto, or accelerated thereby, nor shall compensation be payable beyond the usual time for any disablement or injury wherefrom the recovery of the Assured / Insured Person * may in consequence thereof be retarded, nor shall compensation be payable for any accident causing disablement which, but for such disability or disease, would not have incapacitated the Assured / Insured Person * from following his usual business or occupation. All other terms and conditions remain unaltered. 29/11/56 *Delete whichever is inapplicable. N.M.A. 976 WARRANTY CLAUSE (Approved by Lloyd's Underwriters' Non-Marine Association) Warranted same terms and conditions as and to follow the settlements of Company and that said Company has at the time of any loss and at the same gross rate at least (subject only to reduction by amount of any loss not reinstated) on the identical subject matter and risk and in identically the same proportion on each separate part thereof. This Policy is subject without notice to the same conditions, endorsements, assignments and alterations of rates as are or may be assumed in the above-mentioned Company's Insurance upon which this Policy is based. 16/8/26 N.M.A. 468 WARRANTY CLAUSE (excluding rate) (Approved by Lloyd's Underwriters' Non-Marine Association) Warranted same terms (other than rate(s)) and conditions as and to follow the settlements of (hereinafter called the "Company") and that the Company has at the time of any loss at least (subject only to reduction by amount of any loss not reinstated) on the identical subject matter and risk and in identically the same proportion on each separate part thereof. The premium hereon is calculated at Any alteration in the Company's rate(s) shall be advised immediately to the Underwriters who shall be entitled to revise the rate(s) or premium hereon. This Policy is otherwise subject without notice to the same conditions, endorsements and assignments as are or may be assumed in the Company's insurance on which this Policy is based. 26/1/61 N.M.A. 1311 PUNITIVE AND EXEMPLARY DAMAGES EXCLUSION CLAUSE (Approved by Lloyd's Underwriters Non-Marine Association) Regardless of any other provision of this insurance, this insurance does not apply to punitive or exemplary damages. 10/11/77 N.M.A. 1933 U.S.A. SMALL ADDITIONAL OR RETURN PREMIUMS CLAUSE NOTWITHSTANDING anything to the contrary contained herein and in consideration of the premium for which this Insurance is written, it is understood and agreed that whenever an additional or return premium of $2 or less becomes due from or to the Assured on account of the adjustment of a deposit premium, or of an alteration in coverage or rate during the term or for any other reason, the collection of such premium from the Assured will be waived or the return of such premium to the Assured will not be made, as the case may be. N.M.A. 1168 N-6 ILLINOIS CANCELLATION AND NONRENEWAL CLAUSE The following provisions shall apply and supersede any provisions to the contrary contained in the attached insurance. 1. CANCELLATION NOTICE. This insurance may be cancelled by the Assured at any time by written notice or by surrender of this contract of insurance to the Correspondent issuing this insurance. This insurance may also be cancelled with or without the return or tender of the unearned premium by Underwriters by mailing notice of cancellation to the Assured at the last mailing address known by Underwriters. The Correspondent shall maintain proof of mailing of such notice on a recognized U.S. Post Office form and a copy of such notice shall be sent to the Assured’s producer. The mailing of such notice as aforesaid shall be sufficient proof of notice and this insurance shall terminate at the date and hour specified in such notice. 2. CANCELLATION NOTICE PERIOD. Notice of cancellation must be mailed at least 30 days prior to the effective date of cancellation during the first 60 days of coverage. After coverage has been effective for 61 days or more, all notices must be mailed at least 60 days prior to the effective date of cancellation. Where cancellation is for non-payment of premium, 10 days’ notice shall be given. If the attached insurance provides for a longer notice period, such longer period shall apply. 3. RETURN PREMIUM. In the event of cancellation, Underwriters shall refund the paid premium less the earned portion thereof on demand. The earned premium shall be calculated as stated in the insurance to which this is attached. If the attached insurance does not provide for calculation of the earned premium, the following shall apply: (A) If this insurance is cancelled by the Assured, Underwriters shall retain the short rate proportion of the premium hereon, or of any minimum premium stipulated herein, in accordance with the table below. (B) If this insurance is cancelled by Underwriters, Underwriters shall retain the pro rata proportion of the premium hereon, or of any minimum premium stipulated herein. 4. REASON FOR CANCELLATION. If this insurance has been in effect for 60 days. Underwriters can cancel only for one of the following reasons: (a) non-payment of premium; (b) the insurance was obtained through material misrepresentation; (c) the Assured violated any of the terms and conditions of the contract of insurance; (d) the risk originally accepted has measurably increased; (e) certification to the Director of Insurance of the State of Illinois of the loss of reinsurance by Underwriters which provides coverage to Underwriters for all or a substantial part of the underlying risk insured; or (f) a determination by the Director of Insurance of the State of Illinois that the continuation of this insurance could place Underwriters in violation of the insurance laws of the State of Illinois. 5. NOTICE OF NONRENEWAL. If Underwriters elect not to renew this insurance, they will mail written notice of nonrenewal to the Assured at the last mailing address known by Underwriters. The notice of nonrenewal shall be mailed at least 60 days prior to the expiration date of this insurance, and shall state the reason for nonrenewal. The Correspondent shall maintain proof of mailing of such notice on a recognized U.S. Post Office form and a copy of such notice shall be sent to the Assured’s producer. This paragraph shall not apply if Underwriters have manifested their willingness to renew to the Assured, and the Assured has failed to comply with the terms of the renewal offer. Short Rate Cancellation Table for Term Of One Year Days Insurance Per Cent. of in Force One Year Premium 1 .................................................. 5 2 .................................................. 6 3 - 4 .................................................. 7 5 - 6 .................................................. 8 7 - 8 .................................................. 9 9 - 10 .................................................10 11- 12 .................................................11 13- 14 .................................................12 15- 16 .................................................13 17- 18 .................................................14 19- 20 .................................................15 21- 22 .................................................16 23- 25 .................................................17 26- 29 .................................................18 30- 32 (1 month)................................19 33- 36 .................................................20 Days Insurance Per Cent. of in Force One Year Premium Days Insurance Per Cent. of in Force One Year Premium 154-156.............................................. 53 157-160.............................................. 54 161-164.............................................. 55 165-167.............................................. 56 168-171.............................................. 57 172-175.............................................. 58 176-178.............................................. 59 179-182 (6 months)........................... 60 183-187.............................................. 61 188-191.............................................. 62 192-196.............................................. 63 197-200.............................................. 64 201-205.............................................. 65 206-209.............................................. 66 210-214 (7 months)........................... 67 215-218.............................................. 68 Days Insurance Per Cent. of in Force One Year Premium N-7 37- 40 .................................................21 41- 43 .................................................22 44- 47 .................................................23 48- 51 .................................................24 52- 54 .................................................25 55- 58 .................................................26 59- 62 (2 months) ..............................27 63- 65 .................................................28 66- 69 .................................................29 70- 73 .................................................30 74- 76 .................................................31 77- 80 .................................................32 81- 83 .................................................33 84- 87 .................................................34 88- 91 (3 months) ..............................35 92- 94 .................................................36 95- 98 .................................................37 99-102 .................................................38 103-105 .................................................39 106-109 .................................................40 110-113 .................................................41 114-116 .................................................42 117-120 .................................................43 121-124 (4 months) ..............................44 125-127 .................................................45 128-131 .................................................46 132-135 .................................................47 136-138 .................................................48 139-142 .................................................49 143-146 .................................................50 147-149 .................................................51 150-153 (5 months) ..............................52 219-223.............................................. 69 224-228.............................................. 70 229-232.............................................. 71 233-237.............................................. 72 238-241.............................................. 73 242-246 (8 months)........................... 74 247-250.............................................. 75 251-255.............................................. 76 256-260.............................................. 77 261-264.............................................. 78 265-269.............................................. 79 270-273 (9 months)........................... 80 274-278.............................................. 81 279-282.............................................. 82 283-287.............................................. 83 288-291.............................................. 84 292-296.............................................. 85 297-301.............................................. 86 302-305 (10 months)......................... 87 306-310.............................................. 88 311-314.............................................. 89 315-319.............................................. 90 320-323.............................................. 91 324-328.............................................. 92 329-332.............................................. 93 333-337 (11 months)......................... 94 338-342.............................................. 95 343-346.............................................. 96 347-351.............................................. 97 352-355.............................................. 98 356-360.............................................. 99 361-365 (12 months)....................... 100 Rules applicable to insurance with terms less than or more than one year: A. B. If insurance has been in force for one year or less, apply the short rate table for annual insurance to the full annual premium determined as for insurance written for a term of one year. If insurance has been in force for more than one year: 1. 2. Determine full annual premium as for insurance written for a term of one year. Deduct such premium from t e full insurance premium, and on the remainder calculate the pro rata h earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the policy was originally written. Add premium produced in accordance with items (1) and (2) to obtain earned premium during full period insurance has been in force. 3. N.M.A. 2463 N-8 each for his own part and not one for another and therefore each of the Underwriters (his Executors and Administrators) shall be liable only for his own share of his syndicate’s proportion of any loss payable under this Slip Contract. hereby bind themselves severally and not jointly. who hereby agree to reinsure the Reinsured’s interest as set out in the slip and its attachments and/or endorsements applicable thereto. The Underwriters.REINSURANCE Whereas the Reinsured.1. the NMA 1779a (1. The identity of each of the Underwriters and the amount of his share may be ascertained by the Reinsured or the Reinsured’s representative on application to Lloyd’s Policy Signing Office.SLIP CONTRACT . In Witness whereof the General Manager of Lloyd’s Policy Signing Office has signed this Slip Contract on behalf of each of Us. has paid the premium to Us. LLOYD’S POLICY SIGNING OFFICE General Manager • • Dated in London.97) Form approved by Lloyd’s Underwriters’ Non-Marine Association Limited N-9 . specified in the slip to which this Slip Contract is attached. the Underwriters. members of the Syndicate(s) referred to in the slip. quoting the Lloyd’s Policy Signing Office number and date allocated to the slip. ..............10 11.............................34 88....................................................................................13 17............................62 (2 months) ............................................ 92 329-332..................................................................................................................................................20 .................................. 60 183-187................................76 .............................31 77........ 71 233-237........................................................87 .. 89 315-319.. 9 9 ...................................22 44.......................20 37.........................10 .......36 ...................................................................................................40 ............................. 97 352-355............ 98 356-360......94 ............................................................................83 ....................................................10 ............12 ............ 69 224-228..............................45 128-131 .. 64 201-205...................................................................................47 ....... 72 238-241.............. 76 256-260.................... 5 2 ..............73 .......................................................58 .. 74 247-250........29 70......................46 132-135 ..............................................6 ......... 87 306-310................ 7 5 ...........80 .........48 139-142 ...................................................................28 66.......................................................................... 81 279-282.............52 N ..................................................26 59.......................................................... 70 229-232.. 63 197-200....................... 100 Days Insurance Per Cent.......................................................................................... 55 165-167.................................................................................................. 6 3 ....................................................................................A............................................. 53 157-160................49 143-146 ........... For Insurances written for one year:Days Insurance Per Cent.. 56 168-171................ 58 176-178............................. 90 320-323....... 54 161-164.....................................................................U.................................98 ..................21 41........... 85 297-301.................................................................15 21................................... 75 251-255.... 95 343-346.......25 55........14 19..........54 ................................................................. 8 7 ................................................................................................................................38 103-105 .................. 59 179-182 (6 months)......................... 86 302-305 (10 months).......................... 82 283-287............27 63........................................................ 84 292-296..........................12 15....... 91 324-328....................32 81...................................19 33................................................................................. 99 361-365 (12 months)..............91 (3 months) ........................................S......... 80 274-278.......... 66 210-214 (7 months)...........29 ......16 .......................43 ................................................... 78 265-269................51 150-153 (5 months) .37 99-102 ....... 68 219-223..................................................30 74....4 .................................................................32 (1 month)......................................................................................39 106-109 ...................36 95......................................18 30............... 57 172-175.................. 73 242-246 (8 months).......................18 .......................................................................24 52............................... 79 270-273 (9 months)...............50 147-149 ............43 121-124 (4 months) ............35 92.47 136-138 ....................... 93 333-337 (11 months)...... 65 206-209...... 61 188-191................................. 77 261-264...................23 48.................................25 ..22 ........................................33 84.............................................14 ................................................................................................ 94 338-342........................40 110-113 ..... of in Force One Year Premium 154-156.....................41 114-116 ................................................11 13..........................65 ....17 26....................................44 125-127 .................................................................................................................... 83 288-291...51 ......42 117-120 ............................................8 ............. of in Force One Year Premium 1 .........................................16 23...................................................................................................................................................................................................................................................................................69 ............................... 67 215-218.... 96 347-351...... NEW SHORT RATE CANCELLATION TABLE ENDORSEMENT NOTWITHSTANDING anything to the contrary contained herein and in consideration of the premium for which this insurance is written it is agreed that in the event of cancellation thereof by the Assured the earned premium shall be computed as follows:SHORT RATE CANCELLATION TABLE A.......... 62 192-196.... 88 311-314.............. M. Underwriters at the request of the insured (or reinsured) will submit to the jurisdiction of any competent Court in the Commonwealth of Australia. Herzelia Pituach 46733. rebellion. apply the standard short rate table for annual insurances to the full annual premium determined as for an insurance written for a term of one year. C.A. military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. Israel Lloyd's Representative in Israel. If insurance has been in force for more than 12 months. revolution. Such dispute shall be determined in accordance with the law and practice applicable in such Court. H3B 2V6. and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which the insurance was originally written. Quebec. 2349 WAR AND CIVIL WAR EXCLUSION CLAUSE (Approved by Lloyd’s Underwriters’ Fire and Non-Marine Association. c.) Notwithstanding anything to the contrary contained herein this Policy does not cover Loss or Damage directly or indirectly occasioned by. Members of Lloyd's. If insurance has been in force for 12 months or less. J. 17/4/75 N. 2. is authorised to accept service of suit on behalf of Underwriters. acts of foreign enemies. happening through or in consequence of war.A.For Insurances written for more or less than one year:1. Determine full annual premium as for an insurance written for a term of one year. NMA 1970A (01/01/95) SERVICE OF SUIT CLAUSE (ISRAEL) This Insurance shall be governed by Israeli law and the Israeli Courts shall have jurisdiction in any dispute arising hereunder. (ii) Any summons notice or process to be served upon the Underwriters may be served upon B.M.A. If a suit is instituted against any one of the Underwriters all Underwriters hereon will abide by the final decision of such Court or any competent Appellate Court. In this event Mr. Montreal.. London. invasion. and who is directed at the request of the insured (or reinsured) to give a written undertaking to the insured (or reinsured) that he will enter an appearance on Underwriters' behalf. Deduct such premium from the full insurance premium. NMA 45 SERVICE OF SUIT CLAUSE (AUSTRALIA) (Approved by Lloyd's Underwriters' Non-Marine Association) The Underwriters hereon agree that:(i) In the event of a dispute arising under this Policy.11 (iii) .. 464 N . Box 12702. Gross.A. b. whose address for such service is 1155.M. who has authority to accept service and to enter an appearance on Underwriters' behalf. rue Metcalfe. a.O. P. 1854 SERVICE OF SUIT CLAUSE (CANADA) (Action against Insurer) In any action to enforce the obligations of the Underwriters liable hereunder they can be designated or named as "M J Oppenheim in his quality as Attorney In Fact in Canada for Lloyd’s Underwriters. hostilities (whether war be declared or not). Add premium produced in accordance with items (a) and (b) to obtain earned premium during full period insurance has been in force. England" and such designation shall be binding on the Underwriters liable hereunder as if they had each been individually named as Defendant. N. civil war. insurrection. 11 Galgaley Ha’plada St. 1/1/38 N. Service of such proceedings may validly be made upon M J Oppenheim. Suite 1540. .. If the insurance does not provide for calculation of the earned premium..... (b) discovery of fraud or material misrepresentation made by the Assured or with the Assured's knowledge in obtaining the insurance.12 ... 2.. proof of mailing shall be sufficient proof of notice....... Notice of cancellation must be mailed at least 14 days prior to the effective date of cancellation during the first 60 days of coverage... safety... In the event of cancellation.. stating the renewal premium and its due date....... at least 75 days before the expiration date of the period of insurance. The earned premium shall be calculated as stated in the insurance to which this Clause is attached. in accordance with the table below...KENTUCKY CANCELLATION AND NON-RENEWAL CLAUSE The following provisions shall apply and supersede any provisions to the contrary contained in the insurance to which this Clause is attached.. SHORT RATE CANCELLATION TABLE FOR TERM OF ONE YEAR Days Insurance in Force 1 2 3-4 . or of any minimum premium stipulated herein.... Where cancellation is for non-payment of premium..... and any period of insurance of more than 1 year or any insurance with no fixed expiration date shall be considered a period of insurance of 1 year.... continuing the insurance or in presenting a claim under the insurance... (f) the Underwriters are unable to reinsure the risk covered by this Insurance.. (d) the occurrence of a change in the risk which substantially increases any hazard insured against after the insurance has been issued or renewed..S... The Correspondent shall maintain proof of mailing of such notice on a recognized U. 1.. This Insurance may also be cancelled with or without the return or tender of the unearned premium by the Underwriters by mailing notice of cancellation to the Assured at the last mailing address known by the Underwriters.. to the Assured at the last mailing address known to the Underwriters.. Per Cent of One Year Premium 5 6 7 Days Insurance in Force 154-156 157-160 161-164 N . CANCELLATION NOTICE. Per Cent of One Year Premium 53 54 55 .. the Underwriters shall retain the pro rata proportion of the premium hereon...... the Underwriters will mail or deliver written notice of non-renewal. .. mail or deliver to the Assured at the last known mailing address known to the Underwriters a notice stating that the insurance was not renewed and the date it was terminated.. B... 14 days' notice shall be given......... (e) a violation of any local fire. Post Office form and a copy of such notice shall be sent to the Assured's producer.... After coverage has been effective for 61 days or more... the following shall apply: A.... If notice is mailed. NOTICE OF NON-RENEWAL. If the Underwriters mail or deliver a renewal notice to the Assured at least 30 days before the end of the period of insurance. 3. If this Insurance terminates because the renewal premium has not been received by the due date. 5.. REASON FOR CANCELLATION..... RETURN PREMIUM... the Underwriters shall retain the short rate proportion of the premium hereon.. This Insurance may be cancelled by the Assured at any time by written notice or by surrender of this contract of insurance to the correspondent issuing this Insurance. If this Insurance is cancelled by the Underwriters.......... the Underwriters shall refund the paid premium less the earned portion thereof on demand. stating the reason for non-renewal..... building or construction regulation or ordinance with respect to any insured property or the occupancy thereof which substantially increases any hazard insured against. The mailing of such notice as aforesaid shall be sufficient proof of notice and this Insurance shall terminate at the date and hour specified in such notice... For the purpose of this clause any period of insurance for less than 6 months shall be considered to be a period of insurance of 6 months. If the Underwriters elect not to renew this Insurance.... After coverage has been effective for 61 days or more the Underwriters can cancel only for one of the following reasons: (a) non-payment of premium... the insurance will terminate without further notice unless the renewal premium is received by the Underwriters or the correspondent by the due date..... . or (g) a determination by the Commissioner of Insurance of the State of Kentucky that the continuation of this Insurance could place the Underwriters in violation of the insurance code or regulations of the State of Kentucky. If this Insurance has been in effect for 60 days or less the Underwriters may cancel this Insurance for any reason. health.... coverage under the same terms and conditions shall be deemed to be renewed for the ensuing period of insurance upon payment of the appropriate premium until the Assured has accepted replacement coverage with another insurer or until the Assured has agreed to the non-renewal.. ........ or of any minimum premium stipulated herein.... (c) discovery of wilful or reckless acts or omissions on the Assured's part which increase any hazard insured against.. all notices must be mailed at least 75 days prior to the effective date of cancellation.. the Underwriters will within 15 days....... If notice of non-renewal is not provided pursuant to this condition.. 4. If this Insurance is cancelled by the Assured.... CANCELLATION NOTICE PERIOD.. ...... ................................. 29 256-260 ..... 22 224-228 ...................... 9 168-171 ......................... 84 95-98 ..... 90 117-120 ....................................................... 63 21-22 ....... If insurance has been in force for more than one year: 1.......... Add premium produced in accordance with items 1 and 2 to obtain earned premium during full period insurance has been in force................................................. 56 7-8 .. 15 192-196 ....................................... 72 52-54 ...... 74 59-62 (2 months) . 75 63-65 .... If insurance has been in force for one year or less...................... 28 251-255 .... 24 233-237 .......... 67 33-36 ................. 27 247-250 ..... 66 30-32 (1 month) ............................ 36 288-291 ................ 58 11-12 ........ 47 338-342 ........................ 31 265-269 ..................................... 85 99-102 ....................................................................................... 99 150-153 (5 months) .. 50 352-355 .................................. 39 302-305 (10 months) ..... 95 136-138 ............ 3.................................................................... 91 121-124 (4 months) .............................. 25 238-241 ..................................... 38 297-301 ....... 62 19-20 .. 71 48-51 ...................... 43 320-323 ................ 11 176-178 .......... 33 274-278 ... 93 128-131 . B........ 86 103-105 ............ 16 197-200 ..................... 8 165-167 .. 45 329-332 ............................................................................. 87 106-109 .... 64 23-25 .............................. apply the short rate table for annual insurance to the full annual premium determined as for an insurance written for a term of one year.................... 35 283-287 . 49 347-351 .......................... 14 188-191 .......................... 51 356-360 ... 19 210-214 (7 months) ............................................... 17 201-205 ........... 2...........................................................13 ...... 37 292-296 ........................... 34 279-282 .. 30 261-264 .......... 70 44-47 ............. 20 215-218 ............................................. 94 132-135 ........... Determine full annual premium as for insurance written for a term of one year.. 23 229-232 ........... 69 41-43 ............................. 80 81-83 ............................................... 57 9-10 .................... 96 139-142 ...... 13 183-187 ................... 73 55-58 ....................................... 98 147-149 ................... 77 70-73 ... 40 306-310 ........... 82 88-91 (3 months) ................ 42 315-319 ..... 92 125-127 ....... 89 114-116 ............. 2/10/97 NMA2722 N .............5-6 ... 61 17-18 .... 41 311-314 .......................... 68 37-40 ............................................................................... 46 333-337 (11 months) ................................ 76 66-69 ...... Deduct such premium from the full insurance premium.......... 18 206-209 ....... 83 92-94 .... 32 270-273 (9 months) ..... 79 77-80 ... 88 110-113 ..................... 44 324-328 ............................................. 52 361-365 (12 months) .......... and on the remainder calculate the pro rata earned premium on the basis of the ratio of the length of time beyond one year the insurance has been in force to the length of time beyond one year for which insurance was originally written........ 60 15-16 ............. 59 13-14 ......................................... 78 74-76 ... 81 84-87 ..................... 65 26-29 ...................... 100 Rules applicable to insurance with terms less than or more than one year: A... 26 242-246 (8 months) ... 48 343-346 ................................. 97 143-146 . 21 219-223 ................... 12 179-182 (6 months) ............ 10 172-175 ............................ . 3161 WD Rhoon......................... Policy No.... in the event of a suit being instituted by the Assured against any one of the Underwriters hereon who shall be selected by the whole body of Underwriters on the Lloyd's Policy or Policies concerned in the loss on which the same cause of litigation arises.............. 4/2/88 NMA2293 N ..... notices or processes by reason of their residence in England........ Debussystraat 2. 1.... notices or processes requiring to be served upon the Underwriters for the purpose of such jurisdiction shall be deemed to be properly served if addressed to them and delivered to them care of Hudig Veder & Co........... 2..14 ....... 1861 DUTCH JURISDICTION CLAUSE (Approved by Lloyd's Underwriters' Non-Marine Association) NOTWITHSTANDING that this Policy has been effected in London.. or to offshore installations in territorial waters around Great Britain and its Continental Shelf.M.. and in respect of which a defence common to all Underwriters thereon can be set up..................LLOYD’S LONDON Certificate of Employers’ Liability Insurance (A copy or copies of this certificate must be displayed at each place of business at which the policy holder employs persons covered by the policy)... Northern Ireland. Name of policy holder.... 3... this Policy shall be governed exclusively by Dutch Law and Dutch Customs (in so far as these latter are not in conflict with the terms and conditions expressed in the Policy) and any disputes arising thereunder shall be exclusively subject to Dutch Jurisdiction..... Date of commencement of insurance............. the Isle of Man. the Island of Guernsey and the Island of Alderney..A.............. . but the Underwriters by giving the above authority do not renounce their right to any special delays to which they may be entitled for the service of any such summonses.......... it being agreed that all summonses... who in this instance has authority to accept same on their behalf.. Date of expiry of insurance..... (Signature) 3/10/74 N.... The Netherlands... the Island of Jersey.......... We hereby certify that the policy to which this certificate relates satisfies the requirements of the relevant law applicable in Great Britain..... Lloyd's Underwriters' General Representative for the Netherlands. Signed on behalf of those Lloyd’s Underwriters subscribing the above policy (Authorised Insurers)...... England....... all the Underwriters upon this Policy will be bound by the final decision of the Courts and settle accordingly.... It is understood and agreed that..... interpret or process any data or information or command or instruction as a result of treating any date otherwise than as its true calendar date. (i) (ii) or (b) any consequential loss. which may arise from such ensuing physical loss or damage. whether preventative. during or after the year 2000. alteration or modification of any computer system. If the Assured or the Insured Person shall recover any cost of such Medical Expenses under any other insurance. retain or correctly to process any data as a result of the operation of any command which has been programmed into any computer software.A. save or retain and/or correctly to manipulate. NMA2787 8/3/99 N .M.15 . manipulative. integrated circuit or similar device in computer or non-computer equipment. iii) but this shall not exclude: (a) Provided that nothing in this endorsement or any other provision or extension of this Insurance shall be construed to extend the liability of the Underwriters to cover any costs and expenses.2803 This Insurance does not cover any physical loss or damage or any consequential loss directly or indirectly caused by or consisting of or arising from the failure of any computer system. programme or software or any microchip. any ensuing physical loss or damage to property insured.UK MILLENNIUM ENDORSEMENT COMMERCIAL NAMED PERILS N. as covered under this Insurance. In this Endorsement Medical Expenses means expenses necessarily incurred by the Insured Person for medical. but not exceeding 15 per cent of the claim admitted under Items 8 and 9. integrated circuit or similar device in computer or non-computer equipment. programme or software or any microchip. retain or correctly to process such data on or after any date. hardware. surgical. and whether occurring before. hardware. resulting from a peril insured under this Insurance and which is not otherwise excluded. whether the property of the Assured or not. hospital. massage. X-ray or nursing treatment. save. to capture. MEDICAL EXPENSES (ACCIDENT ONLY) ENDORSEMENT (for use in conjunction with K (A) Form NMA2712 or 2713) The Underwriters will in addition pay Medical Expenses incurred within 12 months of the date of the Accident in respect of Items 8 and 9 of the Schedule of Benefits up to but not exceeding 15 per cent of any claim admitted under Items 8 and 9. i) ii) correctly to recognise any date as its true calendar date to capture. including the cost of medical supplies and ambulance hire. save. remedial or otherwise arising out of or relating to change. whether the property of the Assured or not. the Underwriters shall only be liable for the difference between such recovery and the total cost of Medical Expenses incurred. being a command which causes the loss of data or the inability to capture. therapeutic. . Alterations in risk covered. 7. All alterations and amendments (hereinafter called "alterations") shall be dealt with by leading underwriters on the following basis:(A) (B) Alterations will be submitted to the first two Lloyd's and the first two Company underwriters (or the first two underwriters if the risk is placed in one market only). The first leading underwriter will affix the following stamp to the endorsement concerned should this not be incorporated in the printed endorsement:AVS 100A AGREED BY LDRS. ONLY AGREED BY LDRS.. 5. 1. Additional hazards in usage of aircraft.. In the event that the decisions of the two or four leading underwriters are not unanimous..AVS 100A This Clause does not form any part of the contract with the assured and applies to all insurances on aviation business which are to be subject to a Leading Underwriters Clause.. or alterations in underlying insurers.. WITHIN 7 DAYS FROM DATE .... 6. Cancellations or extensions of period beyond date originally covered.. BUT ADVISE ALL UWRS. (C) (D) (E) Items listed in the Schedule attached can only be dealt with under Sections (2) or (3). 2... (1) (2) (3) Each of the leading underwriters will initial in the appropriate place in the above stamp and in section (2) the date of the agreement of the last of the leaders must be inserted... limits of indemnity or in primary or underlying limits of indemnity.8.. which reduces the net premium... TO BE AGREED BY ALL UWRS.Slip clauses not to be used in wordings LEADING UNDERWRITERS' CLAUSE (AVIATION BUSINESS) ..AVS Clauses . 4. Schedule 1. Inclusion of types of aircraft (or increases in seating capacity) if not already provided for in slip. the broker must be instructed to take the least permissive course of action signed by one or more leaders.... including minimum premiums or terms of payment of premiums... 8. policy wording) must be clearly indicated on slip..... 3. Any increase in total deductions allowed by Underwriters when slip written..g. Any provision for the first leading underwriter to agree specific matters (e. Alterations in sums insured. Any alteration in rates or premiums. if not provided for in slip. The first leading underwriter is deemed to be first Lloyd's or first Company underwriter..... All alterations must be shown to any underwriter not being a leader who has appended his initials against the abbreviation AVS 100A on the broker's slip to indicate that his agreement also has to be specifically obtained before he can be considered bound.79 Material alterations in name of Insured. (F) S-1 . PROVIDED ALWAYS THAT (i) (ii) the 'Hull All Risks" and "Hull War Risks" placing slips are identically endorsed with this provisional claims settlement clause within 12 months of the advance being made all Insurers specified in (i) above agree to refer the matter to arbitration in London in accordance with the Statutory provision for arbitration for the time being in force once the arbitration decision has been conveyed to the parties concerned. will be advised to all Insurers by copy reports following the method outlined above.100 AL/MAN) 1.74.CLAIMS ADVICE AND SETTLEMENT CLAUSE (for use with policies governed by AVS. however where they represent other Insurers but none of the first three they shall always be an additional “notified/agreeing” Insurer. WITHOUT PREJUDICE to their liability. represent more than one of the first three they shall count only as one. to advance to the Insured 50% of such amount as may be mutually agreed between them until such time as final settlement of the claim is agreed. The file will be made available to any Insurer upon request.A. * Where L. 50/50 PROVISIONAL CLAIMS SETTLEMENT CLAUSE WHEREAS the Insured has in full force and effect A) B) a "Hull All Risks" policy which inter alia contains the War Hijacking and Other Perils Exclusion Clause (AVN48B) / the Common North American Airline War Exclusion Clause. The remaining Insurers shall be sent an advice as soon as possible and in any event within seven (7) working days with all details of the claim. (iii) (iv) AVS.83) S-2 . Progress of the claim. the advance will not exceed the lesser of the amounts involved.5. PROVIDED THAT The claim falls strictly within the terms.10. and paragraphs 2 and 3 have been complied with. agreements by the first three Lloyd’s * and the first three Company Insurers on procedure and settlement will be binding upon all Insurers. including reserve(s) and any adjustment thereof.103 (12. the "Hull All Risks" Insurers or the "Hull War Risks" Insurers as the case may be shall repay the amount advanced by the other group of Insurers together with interest for the period concerned which is to be calculated using the London Clearing Bank's Base Rate if the "Hull All Risks" and "Hull War Risks" policies contain differing amounts payable. It is understood and agreed that on notification to the London Broker of a hull and/or aircraft liability claim (excluding products legal liability) the first three Lloyd’s * and the first three Company Insurers shall be notified immediately. In the event of Co-insurance or risks involving uninsured proportion(s). conditions and limitations of the policy. the appropriate adjustment will be made.C. each of the aforementioned groups of insurers agree. AVS. and a "Hull War Risks" policy which inter alia covers certain of the risks excluded by AVN48B / the Common North American Airline War Exclusion Clause in A) above IT IS HEREBY UNDERSTOOD AND AGREED THAT in the event of loss of or damage to an aircraft identified on the schedule of aircraft forming part of this policy and where agreement is reached between the "Hull All Risks" Insurers and the "Hull War Risks" Insurers that the Insured has a valid claim under one or other policy where nevertheless it cannot be resolved within 21 days from the date of occurrence as to which policy is liable.101 31. the adjuster/lawyer appointed by the Leader and the individual Insurer’s line and reference. 3. 2.C. 4.B. AVS104A 17. Products Liability Form). treated. sold. Damage to property owned. loaned or occupied by the Insured. Ownership or operation of hotels. Noise and pollution hazards (as AVN46B or equivalent). leisure resorts. PARAGRAPH 8.87 THE FOLLOWING DOES NOT FORM PART OF CLAUSE AVS104A IT IS FOR INFORMATION RE. S. S-3 .C.) 15. but this exclusion shall not apply to shops/restaurants owned or operated by the Insured at airport premises or at off-airport check-in facilities. repair. Radioactive Contamination Exclusion Clause (as AVN38A or equivalent. Inefficacy (e. 16. 9. serviced. (g) Legal Liability for the cost or expense of the Assured for the inspection. 8. Exclusions (b) and (c) of Section 3 of Ariel Airport Owners and Operators Liability Insurance Policy Form or (g) S. design or specification but this exclusion shall be deemed not to apply to Bodily Injury or Property Damage as insured hereby resulting therefrom. Liability assumed by the Insured under any contract or agreement unless such liability would have attached to the Insured even in the absence of such contract or agreement. 13. altered. Any claim whatsoever with respect to the hiring. disease or death of any employee arising out of and in the course of his/her employment. repaired. Any deviation from this list of exclusions or statements of non-coverage must be clearly and precisely stated in the slip and agreed by all Underwriters. Vehicles and automobiles owned/leased/loaned and operated by the Insured upon the public highway. social clubs and sport complexes. 2. supplied or distributed by the Assured or any defective part or parts thereof.GENERAL POLICY EXCLUSIONS This policy shall contain within its exclusions the following:EXCLUSIONS 1. alteration. (For the purposes of this exclusion it is agreed that ticket offices shall not be considered as shops. (c) Loss arising out of improper or inadequate performance. 14. Ariel Form (b) The cost of repairing or replacing any defective goods or products manufactured.g. modification.B. Illegal or criminal activities or dishonest acts alleged or otherwise committed by or at the direction of or with the knowledge and consent of the management or directors and officers of the Insured. NMA1270 or equivalent). 5. 12. NMA1256 or equivalent. Any fiduciary responsibility.A. replacement of or for work completed by or on behalf of the Assured to the aircraft product or any property of which it forms part by reason of a defect or deficiency known or suspected to exist in an aircraft not actually involved in an occurrence as defined. Promotional activities and/or sponsorship activities except those directly related to the operation of aircraft or such activities conducted on airport premises. rented. Bodily injury to or sickness. Shops and restaurants. Tour operators'/travel agents' activities except with respect to the provisions of a Contract of Carriage by Air.. leased. 3. constructed. 10. Advertising activities.2. employment and dismissal procedures of the Insured. 11. 6.C. War and allied perils (as AVN48B or equivalent).A. 7. AVS. 2. GENERAL POLICY EXCLUSIONS AVS 104B The policy shall contain within its exclusions the following: EXCLUSIONS 1.A. 2. is cancelled or is intended to be cancelled.1 The insurance being subject to Air Carrier Regulations Part II.C.7. D.83. 2. 4.T.T. but in no case later than 30 days from the date of expiry of the policy. Nevertheless any Insurer for his own participation may give notice within the terms and conditions of the policy at any time. 3.o.T. When any one of the two leading Lloyd’s or two leading Company Insurers gives notice of cancellation to the Broker within 30 days prior to expiry of the policy. Liability assumed by the Insured under any contract or agreement unless such liability would have attached to the Insured even in the absence of such contract or agreement Vehicles and automobiles owned/leased/loaned and operated by the Insured upon the public highway Bodily injury to or sickness. the Broker shall give notice to the Insured and to the D. 3.102 (U.o. 1. and the Insured in respect of such cancellation. Policy Form MW0500-98) Noise and pollution hazards (as AVN46B or equivalent) War and allied perils (as AVN48B or equivalent) S-4 9. Whenever coverage is changed or is intended to be changed.T. it is agreed between the Broker and Insurers hereon that. The Intermediary is hereby authorised to issue the appropriate certificate on behalf of the Insurers hereon.102 (Canada) 22.o. rented. 8. then such notice shall apply for all Insurers hereon and the Broker accepts responsibility for giving prompt notice to the D. The Broker and/or the Intermediary accept responsibility for ensuring that a Certificate is issued with each new policy or renewal which shall cancel and replace all previously issued Certificates and that a copy of this Certificate. 10. 14 CFR Part 205. . Exclusions (b) and (c) of Section 3 of Ariel Airport Owners and Operators Liability Insurance Policy Form or Exclusion (D) applicable to coverages A and B of S.o.g.S.) 22.o.7. In the event of the leading Insurer not giving notice of cancellation. the Broker and/or the Intermediary accept responsibility for notifying the Secretary of the Air Transport Committee forthwith in writing. AVS. be lodged with the leading Company and leading Lloyd’s Insurer.83.B.T. 4. 6.PART II. it is agreed between the Broker and Insurers hereon that.A.1. such notice to be effective 10 days after receipt by the D. The Intermediary is hereby authorised to issue the appropriate certificate on behalf of the Insurers hereon. 14 CFR PART 205 The insurance being subject to D.CANADIAN TRANSPORT COMMISSION AIR CARRIER REGULATIONS . 1. be lodged with the leading Company and the leading Lloyd’s Insurer. employment and dismissal procedures of the Insured Damage to property owned. loaned or occupied by the Insured Illegal or criminal activities or dishonest acts alleged or otherwise committed by or at the direction of or with the knowledge and consent of the management or directors and officers of the Insured Any fiduciary responsibility Inefficacy (e. leased. disease or death of any employee arising out of and in the course of his/her employment Any claim whatsoever with respect to the hiring. together with any amendment(s) or cancellation. 5. 3. The Broker and/or the Intermediary accept responsibility for ensuring that a certificate is issued and that a copy. together with any amendment(s) or cancellation. 7. 13. leisure resorts. 16.2000 S-5 . social clubs and sport complexes Tour operators’/travel agents' activities except with respect to the provisions of a Contract of Carriage by Air Shops and restaurants. AVS 104B 24. 14.11.11. but this exclusion shall not apply to shops/ restaurants owned or operated by the Insured at airport premises or at off-airport check-in facilities. (For the purposes of this exclusion it is agreed that ticket offices shall not be considered as shops) Advertising activities Promotional activities and/or sponsorship activities except those directly related to the operation of aircraft or such activities conducted on airport premises Any deviation from this list of Exclusions or statements of non-coverage must be clearly and precisely stated in the slip and agreed by all Underwriters 15. 12. Nuclear Risks Exclusion Clause (as AVN38B or AVN71) Ownership or operation of hotels.