AV 24-64121501-ITB Attachment I Expiring Policy.PDF
PDF 2 MB Posted
- Attached to
- Aviation Hull Protection and Indemnity Insurance
- Solicitation number
- ITB-09444
- Issued by
- Leon County, Florida
About this file
The provided document is the expiring policy for the Aviation Hull Protection and Indemnity Insurance policy issued by the National Union Fire Insurance Company of Pittsburgh, PA to the State of Florida, Department of Management Services. The policy covers physical damage and liability insurance, including hull, specialized equipment, bodily injury and property damage liability, and guest voluntary settlement, for specified state agencies. The policy has a term of three years from September 28, 2021 to September 28, 2024, with an annual premium of $118,227 for the first year.
The Department of Management Services is issuing a new Invitation to Bid (ITB) for the 2024-2025 policy period, seeking a broker to market, secure, and administer the insurance policy. The selected broker must adhere to the premium rates and deductibles listed in the Price Sheet, which are fixed for the full policy period. The solicitation does not mention any set-asides or restrictions, but encourages participation from woman-, veteran-, and minority-owned business enterprises. The Department reserves the right to request additions or deletions to the coverages during the policy period and intends to make a single award to the lowest responsive and responsible bidder.
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This policy is issued by:
PART 2 DECLARATIONS
Policy Number Previous Policy Number
ITEM 1. NAMED INSURED
ADDRESS
ITEM 3. Liability Coverages LIMITS OF LIABILITY LIABILITY PREMIUMS
EACH PERSON EACH OCCURRENCE
X X X X
X X X X X X X X
LIAB. TOTAL
DEDUCTIBLES
MAKE AND MODEL
SEATS
Crew Pass
POLICY PREMIUM
PHYSICAL DAMAGE TOTAL
"PLEASURE AND BUSINESS" "CHARTER/AIR TAXI" "COMMERCIAL" AS ENDORSED HEREON
Producer
Countersigned
At
By (Authorized Representative)
Approved By
Date of Issue (Authorized Representative)
CAV04 (01/05) - 1 - American International Group, Inc. All Rights Reserved.© excl Crew
SEE ATTACHED FORMS SCHEDULE
ENDORSEMENT TOTAL
1271 AVE OF THE AMERICAS FL 37
NEW YORK, NY 10020-1304
This page with "Policy Provisions -- Part 1" Form CAV01 (1/05) and all endorsements attached hereto completes this numbered aviation physical damage and liability policy, issued by the company as indicated above (hereinafter called the Company).
ITEM 2. Policy Period: From September 28, 2021 to September 28, 2024 12:01 A.M. Standard Time at the address in Item 1. The insurance afforded is only with respect to such and so many of the following coverages as are indicated by specified premium charge or charges. The limit of the Company's liability against such coverage shall be as stated herein, subject to all of the terms of this policy having reference thereto. If more than one aircraft is insured hereunder, the terms of this policy shall apply separately to each.
A.
B.
C.
D.
E.
Bodily Injury -- excluding Passengers Property Damage Passenger Liability Single Limit -- EX cluding Passengers with Passenger Liability limited internally to:
Medical Expense -- cluding Crew
ITEM 4. Description of Aircraft and Physical Damage Coverage hereunder:
F.A.A.
CERT.
NO.
YEAR
BUILT
INSURED
VALUE
PHYSICAL
DAMAGE
COV.
PHYSICAL
DAMAGE
PREMIUMS
NOT IN
MOTION
IN MOTION,
INGESTION,
OR MOORING
PHYSICAL DAMAGE Coverage Identified F. Ground & Flight.
G. Not In Flight.
H. Not In Motion.
ITEM 5. When in flight the aircraft will be operated only by pilots meeting the requirements endorsed in this policy.
ITEM 6. The aircraft will be used only for the purposes indicated by "X" below (see Definitions).
ITEM 7. The Named Insured is and shall remain the sole owner of the aircraft and the aircraft is not subject to any encumbrance other than as indicated herein.
Endorsements and forms forming a part of this policy on its effective date:
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA
AV 004794077-56 AV 004794077-55
STATE OF FLORIDA
AND AS ENDORSED
4050 ESPLANADE WAY, SUITE 360
TALLAHASSEE, FL 32399-0950
500,000.
NOT APPLICABLE 22,015
22,015.
AS ENDORSED 82,831.
82,831.
13,381.
118,227.
X
G00025
ARTHUR J. GALLAGHER & CO., INC.
9155 S. DADELAND BLVD.
MIAMI, FL 33156
AS ENDORSED
September 28, 2021 AT
Solitication No: 24-64121501-ITB Aviation Hull & PI Attachment I Expiring Policy
FORMS SCHEDULE
UE1276 (6/10)
All other provisions of this policy remain the same.
POLICYHOLDER
POLICY NO.
POLICY PERIOD: From to
The following forms are attached to the policy at inception.
FORM TITLE
Page
FORM NUMBER AND
VERSION DATE
STATE OF FLORIDA
AND AS ENDORSED
AV 004794077-56
September 28, 2021 September 28, 2024
CAV04 (01-05) Declarations CAV01-NU (01-05) Aviation Policy Provisions - NUPA CAV800 (01-05) Multiple Year Policy Endorsement UE353 (01-05) Named Insured Endorsement CAV427 (01-05) Liability Endorsement CAV110 (01-05) Physical Damage Coverage Endorsement CAV347 (01-05) Pilot Warranty Endorsement CAV122 (01-05) Purpose of Use Endorsement CAV1224 (07-09) Policy Territory Endorsement CAV803 (01-05) Annual Review Endorsement CAV1350 (06-12) Aviation Policy Amendatory Endorsement 100685 (11-08) Credit Rating Downgrade Endorsement
UNAT0225(09/21) AUTOMATIC ATTACHMENT ENDORSEMENT FOR NEWLY ACQUIRED AIRCRAFT
UE882 (01-05) Asbestos Exclusion Endorsement UE38B (01-05) Nuclear Risks Exclusion Clause AVN38B UE46B (01-05) Noise And Pollution And Other Perils Exclusion Clause AVN46B UE2000A (01-05) Date Recognition Exclusion Clause AVN2000A UE2001A (11-05) Date Recognition Limited Coverage Clause UE48B (01-05) War Hi-jacking And Other Perils Exclusion Clause Aviation AVN48B UE52E (01-05) Extended Coverage Endorsement Aviation Liabilities AVN52E CAV456 (01-05) War Hi-Jacking Extortion and Other Perils Extended Coverage
Endorsement UE1066 (03-20) Terrorism Exclusion - Certified Acts 125595 (03-20) Federal Share of Compensation Under TRIA and Cap on Losses
Endorsement UE857 (01-15) Exclusion Deletion Endorsement CAV33 (01-05) Consequential Loss Exclusion
UNAT0069(09/21) AMENDATORY ENDORSEMENT
CAV26 (05-13) Broad Coverage Endorsement CAV98 (04-08) Non-Owned Aircraft: Liability Endorsement CAV100 (03-09) Property Damage Liability To Non-Owned Aircraft CAV29 (08-12) Cargo Liability Endorsement CAV75 (10-08) Passenger Voluntary Settlements CAV646 (06-09) Mechanic's Tools Endorsement CAV555 (01-05) Special Equipment Endorsement CAV23 (01-05) Lienholder's Interest Endorsement CAV02 (01-05) Additional Insured Endorsement CAV990 (04-08) Additional Insured - Lienholder CAV485 (05-12) Crew Training Endorsement CAV147 (01-05) Waiver Of Subrogation
FORMS SCHEDULE
UE1276 (6/10)
All other provisions of this policy remain the same.
POLICYHOLDER
POLICY NO.
POLICY PERIOD: From to
The following forms are attached to the policy at inception.
FORM TITLE
Page
FORM NUMBER AND
VERSION DATE
STATE OF FLORIDA
AND AS ENDORSED
AV 004794077-56
September 28, 2021 September 28, 2024
UE139 (01-05) Special Notice Of Cancellation UE38 (01-05) Countersignature Endorsement CAV1058 (01-08) Defense Settlement and Supplementary Payments Coverages A B C and
D
UNAT0625(09/21) RATING AMENDMENT AVAILABLE IN THE EVENT OF A MATERIAL EXPOSURE
CHANGE ON A MULTIPLE YEAR POLICY
UE1437 (06-14) Sanctions and Embargo Clause - AVN111 76105 (10-18) Florida Cancellation / Nonrenewal Endorsement 74825 (01-13) Florida Addendum To The Declarations UE1268 (02-10) Florida Notice Of Loss Control Services 91222 (09-16) Policyholder Notice 141636 (05-21) Change of Insurer's Address Notification UE1499 (12-15) Policyholder Notice U.S. Charter and Corporate Flights to Cuba UE86 (09-07) Mexico Warning
This policy is issued by:
NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.
1271 Ave of the Americas FL 37
NEW YORK, NY 10020-1304
AVIATION POLICY
Policy Provisions - Part 1 - Form CAV01 (1/05)
INSURING AGREEMENTS
I.
CAV01 (1/05) - 2 - American International Group, Inc. All Rights Reserved©
II.
III.
The Company as shown in Part 2 - Declarations (hereinafter called the Company), in consideration of the payment of the premium, in reliance upon the statements of the Declarations made a part hereof, subject to all of the terms of this policy including the applicable limits of liability, the Company agrees with the Named Insured with respect to those coverages indicated in Items 3 and 4 of the Declarations.
LIABILITY COVERAGES
Coverage A - Bodily Injury Liability Excluding Passengers (including any and all Related Claims) - To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of Bodily Injury sustained by any person excluding any Passenger;
Coverage B - Property Damage Liability - To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of Property Damage;
Coverage C - Passenger Bodily Injury Liability (including any and all Related Claims) - To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of Bodily Injury sustained by any Passenger, Coverage D - Single Limit Bodily Injury and Property Damage Liability (including any and all related claims) - To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of Bodily Injury sustained by any person (excluding any Passenger unless the words "including Passengers" appear in Item 3 of the Declarations) and Property Damage, caused by an Occurrence and arising out of the ownership, maintenance or use of the Aircraft; or, only with respect to Coverages A, B, and D, caused by an Occurrence and arising out of the maintenance or use of the Premises in or upon which the Aircraft is stored.
MEDICAL EXPENSE COVERAGE
Coverage E - Medical Expense - To pay all reasonable Medical Expense incurred within one year from the date of injury, to or for each Passenger (excluding any Crew unless the words "including Crew" appear in Item 3 of the Declarations) who sustains Bodily Injury caused by an Occurrence, provided the Aircraft is being used by or with the permission of the Named Insured.
PHYSICAL DAMAGE COVERAGES
Coverage F - Ground and Flight - To pay for any Physical Damage Loss to the Aircraft, including Disappearance of the Aircraft.
Coverage G - Not In Flight - To pay for any Physical Damage Loss to the Aircraft sustained while the Aircraft is not In Flight and which is not the result of fire or explosion following crash or collision while the Aircraft was In Flight.
IV.
CAV01 (1/05) - 3 -
V.
VI.
American International Group, Inc. All Rights Reserved©
Coverage H - Not In Motion - To pay for any Physical Damage Loss to the Aircraft sustained while the Aircraft is not In Motion and which is not the result of fire or explosion following crash or collision while the Aircraft was In Motion.
DEFENSE, SETTLEMENT AND SUPPLEMENTARY PAYMENTS
Coverages A, B, C, and D
The Company shall have the right and duty to defend any suit against the Insured seeking damages on account of such Bodily Injury or Property Damage, even if any of the allegations of the suit are groundless, false or fraudulent, and may make such investigation and settlement of any claim or suit as it deems expedient, but the Company shall not be obligated to pay any claim or judgment or to defend any suit after the applicable limit of the Company's liability has been exhausted by payment of judgments or settlements.
During such time as the Company is obligated to defend a claim or claims under the provisions of the preceding paragraph, the Company will pay with respect to such claim, in addition to the applicable limit of liability:
all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company's liability thereon;
premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, and the cost of bail bonds required of the Insured because of an Occurrence or violation of law or a regulation for civil aviation arising out of the use of the Aircraft, not to exceed $5,000. per bail bond, but the Company shall have no obligation to apply for or furnish any such bonds;
expenses incurred by the Insured for first aid to others at the time of an accident, for Bodily Injury to which this policy applies;
all reasonable expenses incurred by the Insured at the Company's request to assist the Company in the investigation or defense of the claim or suit, including actual loss of earnings up to $250. a day because of time off from work.
(a)
(b)
(c)
(d)
UNITED STATES ARMY, NAVY AND AIR FORCE INSURANCE REQUIREMENTS
Coverages A, B, C, and D
If the Aviation Managers issue a Civil Aircraft Certificate of Insurance Form DD 2400, or any replacement thereof, as required by regulations of the U. S. Army, Navy or Air Force, then the insurance policy provisions required by the regulations shall be deemed to be incorporated herein and substituted for any policy provisions inconsistent therewith.
POLICY PERIOD, TERRITORY
All Coverages
This policy applies only if:
The Bodily Injury, Property Damage or Physical Damage is caused by an Occurrence, while the Aircraft is within the United States of America, Canada, Mexico, the Bahamas, the Caribbean Islands and Central America or enroute between points therein; and
The Bodily Injury, Property Damage or Physical Damage occurs during the policy period.
(a)
(b)
VII.
SPECIAL INSURING AGREEMENTS
(APPLICABLE ONLY IF THE PURPOSE OF USE SHOWN IN ITEM 6 IS LIMITED TO PLEASURE AND BUSINESS)
I.
II.
III.
(a)
(b)
CAV01 (1/05) - 4 - American International Group, Inc. All Rights Reserved©
TWO OR MORE AIRCRAFT
All Coverages
When two or more Aircraft are insured under this policy, the terms of this policy shall apply separately to each.
TEMPORARY USE OF SUBSTITUTE AIRCRAFT
Coverages A, B, C, D and E
While the Aircraft described in Item 4 of the Declarations is withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction, such insurance as is afforded under Coverages A, B, C, D and E is extended to apply with respect to the use, by or on behalf of the Named Insured of any other Aircraft not owned in whole or in part by the Named Insured, while temporarily used as a substitute therefor.
USE OF OTHER AIRCRAFT
Coverages A, B, C, D and E
If the Named Insured is one individual or, one individual and spouse, such insurance as is afforded under Coverages A, B, C, D and E with respect to the Aircraft described in Item 4 of the Declarations, is extended to apply with respect to the use, by or on behalf of the Named Insured, of any other Aircraft not owned in whole or in part by, or furnished for regular use to, such Named Insured and spouse. The insurance provided by this agreement shall apply only to the Named Insured and spouse.
AUTOMATIC INSURANCE FOR NEWLY ACQUIRED AIRCRAFT
All Coverages
If the Named Insured acquires ownership of an Aircraft in addition to or replacement to the Aircraft described in Item 4 of the Declarations and within thirty (30) days thereafter reports such acquisition to the Aviation Managers, then the insurance afforded by this policy shall apply to such additional or replacement Aircraft as of the time of such acquisition, provided that the Company insured all other Aircraft owned in whole or in part by the Named Insured on such acquisition date. Unless the Named Insured and the Company agree otherwise the coverages and limits of liability with respect to said additional or replacement Aircraft shall be:
As respects Liability Coverage and Medical Expense Coverage
If an additional Aircraft, the same coverages and limits of liability shall apply as the Aircraft having the greatest total seating capacity, as described in Item 4 of the Declarations.
If a replacement Aircraft, the same coverages and limits of liability as the Aircraft being replaced.
(i)
(ii)
As respects Physical Damage Coverage
If an additional Aircraft, the same coverages, insured value and deductible shall apply as the Aircraft having the greatest total seating capacity, as described in Item 4 of the Declarations.
If a replacement Aircraft, the same coverages, insured value and deductible as the Aircraft being replaced.
(i)
(ii)
EXCLUSIONS
1.
2.
3.
(a)
(b)
CAV01 (1/05) - 5 - American International Group, Inc. All Rights Reserved©
In no event shall the Company be liable for more than the Named Insured paid for any newly acquired additional or replacement Aircraft. The Named Insured shall pay any additional premium required because of the application of the insurance to such other Aircraft.
This policy does not apply:
To any Insured while the Aircraft is In Flight with the knowledge and consent of such Insured or of any executive officer, partner, or managing agent of such Insured for any unlawful purpose, or any purpose not so designated in the Declarations.
To Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. This exclusion (b) does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property, and to Bodily Injury or Property Damage resulting from efforts to prevent dangerous interference with the operation of the Aircraft.
(a)
(b)
To any Insured while the Aircraft is In Flight with the knowledge and consent of the Named Insured if piloted by other than the pilot or pilots designated in the Declarations; or if the Airworthiness Certificate of the Aircraft is not in full force and effect.
(a)
(b)
Exclusion 2. (a) shall not apply while the Aircraft is under the care, custody or control of a Federal Aviation Administration (FAA) approved repair station for the purpose of maintenance, repair or test flights.
Exclusion 2. (b) shall not apply while the Aircraft is operated on a reposition, ferry or test flight provided a special permit or waiver has been granted by a government aviation authority for such flights and such flights are for the sole purpose of reinstatement or renewal of the Airworthiness Certificate.
To any damages excluded by the Nuclear Risks Exclusion Clause below.
This policy does not cover:
Loss 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.
(1)
(2) directly or indirectly caused by or contributed to by or arising from:
the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;
the radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto;
ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any other radioactive source whatsoever.
(a)
(b)
(c)
It is understood and agreed that such radioactive material or other radioactive source in paragraph (a) and (b) above shall not include:
(c)
4.
5.
(a)
(1)
CAV01 (1/05) - 6 - American International Group, Inc. All Rights Reserved© depleted uranium and natural uranium in any form;
radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational or industrial purpose.
(1)
(2)
This policy, however, 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:
the Insured under this policy is also an Insured or an additional insured under any other insurance policy, including any nuclear energy liability policy; or any person or organization is required to maintain financial protection pursuant to legislation in any country; or the Insured under this policy is, or had this policy not been issued would be, entitled to indemnification from any government or agency thereof.
(1)
(2)
(3)
To claims caused by
War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power.
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.
Strikes, riots, civil commotions or labor disturbances.
Any act of one or more person, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the Loss or damage resulting therefrom is accidental or intentional.
Any malicious act or act of sabotage.
Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil, military or de facto) or public or local authority.
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.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Furthermore this policy does not cover claims arising while the Aircraft is outside the control of the Insured by reason of any of the above perils. 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, 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).
Under Coverages A, B, C, D and E
To any liability for which the Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
that the Insured would have in the absence of a contract or agreement; or
(2)
(b)
(1)(c)
(2)
(3)
(d)
6.
(a)
CAV01 (1/05) - 7 - American International Group, Inc. All Rights Reserved© assumed in an Insured Contract, provided the Bodily Injury or Property Damage occurs subsequent to the execution and prior to the termination of the Insured Contract.
To an Insured under this policy who is also an Insured under a contract of nuclear energy liability insurance issued by the Nuclear Energy Liability Insurance Association or the Mutual Atomic Energy Liability Underwriters and in effect at the time of the Occurrence resulting in such injury, sickness, disease, death or destruction; provided, such contract of nuclear energy liability insurance shall be deemed to be in effect at the time of such Occurrence notwithstanding such contract has terminated upon exhaustion of its limit of liability;
To claims directly or indirectly occasioned by, happening through or in consequence of:
noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith, pollution and contamination of any kind whatsoever, electrical and electromagnetic interference, interference with the use of property, (a)
(b)
(c)
(d) unless caused by a crash or collision of Aircraft or a recorded In Flight emergency causing abnormal Aircraft operation.
With respect to any provision in the policy concerning any duty of the Company to investigate or defend claims, such provision shall not apply and the Company shall not be required to defend:
claims excluded by paragraph (c) (1) or a claim or claims covered by the policy when combined with any claims excluded by paragraph (c) (1) referred to below as "Combined Claims."
(a)
(b)
In respect of any Combined Claims, the Company 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 claim or claims covered by the policy:
damages awarded against the Insured and defense fees and expenses incurred by the Insured.
(a)
(b)
To claims in respect of death, Bodily Injury, illness or disease to any person or persons and/or damage to or destruction of property caused by or resulting from the application of or use by the Insured or his agent of all forms of fertilizers, fungicides, defoliants, herbicides, hormone selective weed killers, pesticides, insecticides and arsenical preparations or compounds or any other forms of chemical.
Nothing herein shall override any radioactive contamination or other exclusion clause attached to or forming part of this policy.
Under Coverages A, C and D
To any obligation for which the Insured or any carrier as his insurer may be held liable under any workers' compensation, unemployment compensation or disability benefits law, or under any similar law;
7.
8.
(d)
CAV01 (1/05) - 8 - American International Group, Inc. All Rights Reserved©
To Bodily Injury to any employee of the Named Insured arising out of and in the course of his employment by such Named Insured; but this exclusion (b) does not apply to liability assumed by the Named Insured under any Insured Contract that is a prerequisite for the use of an airport or airport facility;
To Bodily Injury or death of any person who is a Named Insured.
(b)
(c)
Under Coverages B and D, to Property Damage to property owned, occupied, rented or used by the Insured or in the care, custody or control of the Insured or as to which the Insured is for any purpose exercising physical control or transported by the Insured.
Under Coverages F, G and H to Loss or damage to an Aircraft due to conversion, embezzlement or secretion by any person or organization with legal right to possession of such Aircraft under bailment, lease, conditional sale, purchase agreement, mortgage or other legal agreement that governs the use, sale or lease of the Aircraft, nor for any Loss or damage during or resulting therefrom. This exclusion does not apply to Loss or damage to such Aircraft caused when a renter pilot, renting such Aircraft pursuant to a rental agreement, converts, embezzles or secretes the Aircraft while it is in the renter pilot's possession provided the Named Insured or the renter, lessor or owner of the Aircraft are in no way associated with or a participant in such conversion, embezzlement or secretion and have no prior knowledge thereof and have not acquiesced therein;
to Loss or damage to tires except where such Loss or damage is caused by fire, theft, windstorm or vandalism or is the direct result of Physical Damage covered by this policy;
to Loss or damage which is due and confined to
(a)
(b)
(c) wear, tear, deterioration, freezing;
any electrical malfunction or failure of any electronic component(s), accessory(ies), or electrically powered equipment;
any mechanical, hydraulic, pneumatic, or structural malfunction or failure, (1)
(2)
(3) unless any such Loss or damage in (1), (2) and (3) is the direct result of other Physical Damage covered by this policy.
Damage resulting from electrical malfunction or failure of an electrical component(s), accessory(ies), or electrically powered equipment is considered breakdown of the entire electrical system containing such electronic component(s), accessory(ies), or electrically powered equipment.
Damage resulting from the breakdown, failure or malfunction of any engine component, accessory or part is considered mechanical breakdown of the entire engine.
to Loss or damage to turbine aircraft engines and auxiliary power units insured under this policy if such damage is caused by:
foreign objects unless a result of Ingestion;
heat or temperature change from the operation, attempted operation or shutdown of the engine;
(1)
(2) unless any such Loss or damage is the direct result of other Physical Damage covered by this policy.
LIMIT OF THE COMPANY'S LIABILITY
CAV01 (1/05) - 9 - American International Group, Inc. All Rights Reserved©
ALL COVERAGES
(Other Insurance)
Except with respect to insurance afforded by Special Insuring Agreements I and II and to insurance specifically purchased by the Insured to apply in excess of this policy, if there is other insurance in the Insured's name or otherwise, against Loss, liability or expense covered by this policy, the Company shall not be liable under this policy for a greater proportion of such Loss, liability or expense than the applicable limit of the Company's liability bears to the total applicable limit of liability of all valid and collectible insurance against such Loss, liability or expense. Insurance afforded by Special Insuring Agreements I and II shall be excess insurance over any other valid and collectible insurance available to the Insured, either as Insured under a policy applicable to the Aircraft or otherwise and if such other insurance shall have been written through the Aviation Managers as primary insurance then the Company's limits of liability under this policy shall be reduced by the applicable limits of such other policy.
COVERAGES A, B, C AND D
(Total Liability)
Regardless of the number of (1) Insureds under this policy, (2) persons or organizations who sustain Bodily Injury or Property Damage, (3) claims made or suits brought (related or otherwise) on account of Bodily Injury or Property Damage, or (4) Aircraft to which this policy applies, the Company's liability is limited as follows:
Coverage A. The total liability of the Company for all damages, including all Related Claims and all damages for care and loss of services, because of Bodily Injury sustained by any person as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each person".
Subject to the above provision respecting "each person", the total liability of the Company for all damages, including all Related Claims and all damages for care and loss of services, because of Bodily Injury sustained by two or more persons as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each Occurrence".
Coverage B. The total liability of the Company for all damages because of all Property Damage sustained by one or more persons or organizations as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each Occurrence".
Coverage C. The total liability of the Company for all damages, including all Related Claims and all damages for care and loss of services, because of Bodily Injury sustained by any person as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each person".
Subject to the above provision respecting "each person", the total liability of the Company for all damages, including all Related Claims and all damages for care and loss of services, because of Bodily Injury sustained by two or more persons as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each Occurrence".
Coverage D. The total liability of the Company for all damages, including all Related Claims and all damages for care and loss of services, because of Bodily Injury or Property Damage sustained by one or more persons or organizations as the result of any one Occurrence shall not exceed the limit of liability stated in the Declarations as applicable to "each Occurrence".
And further provided that if the Declarations are completed to show "Passenger Liability limited internally to", the total liability of the Company for all damages, including all Related Claims and all damages for care and loss of service because of Bodily Injury to Passengers and Crew shall not exceed:
2.
CAV01 (1/05) - 10 - American International Group, Inc. All Rights Reserved© as respects any one Passenger or Crew member, the amount stated in the Declarations as applicable to "each person".
as respects two or more Passengers or Crew members, subject to the above provisions respecting any one Passenger or Crew member, the amount stated in the Declarations as applicable to "each person" multiplied by the total number of Passenger and Crew seats as stated in Item 4 for the Aircraft involved, but in no event shall the Company's Liability for all Bodily Injury (including Passenger Bodily Injury) and Property Damage exceed the limits stated in the Declarations as applicable to "each Occurrence".
(a)
(b)
For the purpose of determining the limit of the Company's liability, all Bodily Injury and Property Damage arising out of continuous or repeated exposure to substantially the same general conditions shall be considered as arising out of one Occurrence.
COVERAGES A, B, C and D (Severability of Interests)
The insurance afforded applies separately to each Insured against whom claim is made or suit is brought, except with respect to the limits of the Company's liability.
COVERAGE E
(Total Liability)
The limit of liability stated in the Declarations as applicable to "each person" is the limit of the Company's liability for all expenses incurred by or on behalf of each person who sustains Bodily Injury in any one Occurrence; the limit of liability stated in the Declarations for Coverage E as applicable to "each Occurrence" is, subject to the above provision respecting each person, the total limit of the Company's liability for all expenses incurred by or on behalf of two or more persons who sustain Bodily Injury in any one such Occurrence.
COVERAGES F, G and H (Total Liability)
With respect to Total Loss, the Company will pay the insured value of the Aircraft, as stated in the Declarations, subject to any applicable deductible.
With respect to Partial Loss, the Company may pay for the least expensive and most reasonable means to repair the Aircraft or may pay for the Loss in money, subject to any applicable deductible, as hereinafter provided:
if repairs are made by other than the Named Insured, the total of the following:
cost to repair the damaged property with material of like kind and quality (excluding any charges for overtime);
cost of the least expensive and most reasonable method of transporting new and/or damaged parts and/or the damaged Aircraft to the place of repair and the return of the repaired Aircraft to the place where the Loss occurred or the place where the Aircraft is regularly based, whichever is nearer;
(a)
(b) if repairs are made by the Named Insured, the total of the following;
actual cost to the Insured of material of like kind and quality;
actual wages paid for labor, excluding any overtime;
150% of item (b) in lieu of overhead and supervisory services;
(a)
(b)
(c)
(d)
DEFINITIONS
CAV01 (1/05) - 11 - American International Group, Inc. All Rights Reserved© cost of the least expensive and most reasonable method of transporting new and/or damaged parts and/or the damaged Aircraft to the place of repair and the return of the repaired Aircraft to the place where the Loss occurred or the place where the Aircraft is regularly based, whichever is nearer.
With respect to any Partial Loss or Total Loss:
the amount due under this policy shall not exceed the amount due were the Loss payable as a Total Loss;
any salvage value remaining shall inure to the benefit of the Company and the Named Insured shall provide clear title thereto;
any equipment attached to the Aircraft, even if subsequent to the effective date of coverage, shall be considered a part of the Aircraft;
there shall be no abandonment of any damaged property without the consent of the Company.
1.
2.
3.
4.
If the Loss is due to theft or Disappearance, the Company shall have the right to return any found stolen property at any time prior to actual payment of the claim hereunder, with payment for any Physical Damage sustained thereto.
As available, the Company will pay for repair or replacement of like, kind and quality. The Company will not pay excess of like, kind and quality amounts for the cost of Betterment.
When appearing in this policy in bold face print:
"Aircraft" means the aircraft described in Item 4 of the Declarations (and when appropriate any aircraft qualifying under the provisions of Special Insuring Agreements I, II or III) including the propulsion system and equipment usually installed in the aircraft (1) while installed in the aircraft, (2) while temporarily removed from the aircraft and
(3) while removed from the aircraft for replacement until such time as replacement by a similar item has commenced; also tools and equipment which are specially designed for the aircraft and which are ordinarily carried therein.
"Aviation Managers" means AIG Aerospace Insurance Services, Inc., or any of its subsidiary or affiliated companies, branch offices or authorized representatives.
"Betterment" means improvement which would add value to the Insured Aircraft.
"Bodily Injury" means bodily injury, sickness, disease or mental anguish sustained by any person which occurs during the policy period, including death at any time resulting therefrom.
"Charter/Air Taxi" means used principally in the business of the Insured, including Passenger or freight carrying for hire or reward and Pleasure and Business uses, but excluding instruction of or rental to others.
"Commercial" means used principally in the business of the Insured, including student instruction, Passenger or freight carrying for hire or reward, rental to others for the purpose of Pleasure and Business and those uses defined under Pleasure and Business.
"Crew" means the pilot-in-command, co-pilot, flight engineer, flight attendant or anyone else who is in, on, or boarding the Aircraft for assisting in the operation of the Aircraft.
"Disappearance" means missing In Flight and not reported for sixty (60) days after commencing a flight.
(a)
CAV01 (1/05) - 12 - American International Group, Inc. All Rights Reserved©
"Federal Aviation Administration (FAA)" means the duly constituted authority of the United States of America having jurisdiction over civil aviation, or its duly constituted equivalent in any other country.
"In Flight" means, with respect to fixed wing Aircraft, the time commencing with the actual take-off run of the Aircraft and continuing thereafter until it has completed its landing run; and if the Aircraft is a rotorcraft, from the time the rotors start to revolve under power for the purpose of flight until they subsequently cease to revolve after landing; and if the Aircraft is a balloon, while it is inflated or being inflated or deflated.
"In Motion" means while the Aircraft is moving under its own power or the momentum generated therefrom or while it is In Flight and, if the Aircraft is a rotorcraft, any time that the rotors are rotating or while it is In Flight and, if the Aircraft is a glider or balloon, any time it is being transported, towed or while it is In Flight.
"Ingestion" means damage to Aircraft turbine engines or turbine auxiliary power units, if a part of the Aircraft, caused by objects or substances not a part of the engine or its accessories, nor intended to be used in the engine, which occurs during the policy period and is the result of a single incident and of sufficient severity to require (or would require if its severity were known) immediate repair before further use.
"Insured" the unqualified word "Insured" wherever used in this policy with respect to Coverages A, B, C and D, includes not only the Named Insured but also any person while using or riding in the Aircraft and any person or organization legally responsible for its use, provided the actual use is with the express permission of the Named Insured. Except with respect to the Named Insured the provisions of this paragraph do not apply:
to any employee with respect to Bodily Injury, sickness, disease or death of another employee of the same employer injured in the course of such employment;
to any person or organization or to any agent or employee thereof (other than any employee of the Named Insured while acting in the course of his employment by the Named Insured):
(a)
(b) who manufactures, builds, sells or distributes aircraft, aircraft engines, aircraft components, aircraft accessories or fuel used in aircraft;
who is engaged in the operation of an aircraft repair shop, aircraft sales agency, aircraft rental service, aircraft flying school, aircraft management service, aircraft aerial application service, aircraft inspection, appraisal, certification or examination service, commercial flying service, airline, airport, hangar, pilot training center or charter brokerage service;
who is engaged in the activity of instruction, evaluation, examination or certification of any pilot or Crew Member or prospective pilot or Crew Member;
who is charging a fee and/or receiving any remuneration or benefit for providing any type of service whatsoever in connection with the ownership, maintenance or use of any insured Aircraft;
(1)
(2)
(3)
(4) to any person or organization operating the Aircraft under the terms of any rental agreement or training program which provides any remuneration to the Named Insured for the use of said Aircraft;
to the owner or lessor, or any agent or employee thereof, of any Aircraft which is the subject of the extended insurance provisions of Special Insuring Agreements.
(c)
(d)
"Insured Contract" means:
Any contract which requires as a prerequisite of the use of an airport or airport facility the indemnification of a military or governmental authority, except in connection with work performed for the military or governmental authority;
(b)
CAV01 (1/05) - 13 - American International Group, Inc. All Rights Reserved© that part of any contract or agreement pertaining to ownership maintenance or use of Aircraft or Premises under which any Insured assumes the Tort Liability of another party to pay for Bodily Injury or Property Damage to a third person or organization.
Insured Contract does not include that part of any contract or agreement:
with or for the benefit of any Passenger, Crew Member or their heirs;
that pertains to major alteration or major repairs to aircraft, aircraft parts or accessories;
that pertains to the purchase or sale of aircraft, aircraft parts or accessories;
(a)
(b)
(c)
"Loss" means Physical Damage.
"Medical Expense" means expenses for necessary medical, surgical, x-ray or dental services, including prosthetic devices, and necessary ambulance, hospital professional nursing and funeral services.
"Mooring" shall mean, while on water, a water alighting Aircraft is anchored or moored, or during launching onto or hauling up therefrom (except under its own power or momentum).
"Named Insured" means the person or organization named in Item 1 of the Declarations.
"Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in Bodily Injury or Property Damage during the policy period neither expected nor intended from the standpoint of the Insured. In the event of continuing or progressively deteriorating damage over any length of time, such damage shall be deemed to be one Occurrence, and shall be deemed to occur only when such damage first commences.
"Partial Loss" means any Physical Damage Loss which is not a Total Loss.
"Passenger" means any person in, on, or boarding the Aircraft for the purpose of riding or flying therein or alighting therefrom after a flight or attempted flight therein, including Crew member(s).
"Physical Damage" means direct and accidental physical Loss of or damage to the Aircraft, hereinafter called Loss, but does not include loss of use or any residual depreciation or diminution in value (including loss of guaranty or warranty), if any, after repairs have been made.
"Pleasure and Business" means used in the business of the Insured including personal and pleasure uses but excluding any operation for hire or reward. Cost reimbursement shall be included within the definition of Pleasure and Business provided that such cost reimbursement is limited to:
Fuel, oil, lubricants, and other additives
Travel expenses of the Crew, including food, lodging, and ground transportation
Hangar and tie-down costs away from the Aircraft's base of operation
Insurance obtained for the specific flight
Landing fees, airport taxes, and similar assessments
Customs, foreign permit, and similar fees directly related to the flight
(1)
(2)
(3)
(4)
(5)
(6)
CONDITIONS
CAV01 (1/05) - 14 - American International Group, Inc. All Rights Reserved©
In Flight food and beverages
Passenger ground transportation
Flight planning and weather contact services
An additional charge equal to 100% of the expenses listed in subparagraph (1) of this paragraph.
(7)
(8)
(9)
(10)
"Premises" means such portions of airports as are designated and used for the parking or storage of Aircraft exclusive of premises owned by, or leased for more than thirty (30) days to the Insured.
"Property Damage", means (a) physical injury to or destruction of tangible property which occurs during the policy period, including loss of use thereof at any time resulting therefrom, or (b) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an Occurrence during the policy period.
"Related Claims" means all claims for care and loss of service, loss of society and consortium, mental anguish, emotional distress, loss of support, medical and funeral expenses, and any and all other damages from or arising out of Bodily Injury to any person or Passenger. Notwithstanding anything to the contrary in the definition of Bodily Injury, the Company's liability and coverage for damages for both Bodily Injury and Related Claims are included and combined within the "each person" and "each Occurrence" Limits of Liability specified in the Declarations, as applicable, and there are no separate or additional Limits of Liability for Related Claims.
"Tort Liability" means a liability that would be imposed by law in the absence of any contract or agreement.
"Total Loss" means any Physical Damage Loss for which the "cost to repair" when added to the "salvage value" (the value of the Aircraft after Physical Damage and prior to repairs) equals or exceeds the Insured Value of the Aircraft as set forth in Item 4 of the Declarations. Disappearance or theft of the entire Aircraft shall be considered as a Total Loss.
APPLICABLE TO COVERAGES A, B, C AND D (BODILY INJURY AND PROPERTY DAMAGE)
ACTION AGAINST THE COMPANY
No person or organization has a right under this policy:
to join the Company as a party or otherwise bring the Company into a suit asking for damages from an Insured;
to sue on this policy unless all of its terms have been fully complied with.
(a)
(b)
A person or organization may sue the Company to recover on an agreed settlement or on a final judgment against an Insured obtained after an actual trial; but the Company will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by the Company, the Insured and the claimant or the claimant's legal representative. Service of process may be made upon the Aviation Managers on behalf of the Company. However, the Company does not waive its right to commence an action in any court of competent jurisdiction or to seek a transfer to another court as permitted by law.
2.
3.
(a)
(b)
(c)
4.
5.
CAV01 (1/05) - 15 - American International Group, Inc. All Rights Reserved©
FINANCIAL RESPONSIBILITY
If this policy is certified as proof of insurance under any governmental financial responsibility law applicable to aircraft, the Company will pay the minimum amounts required by that law which do not exceed the limit of liability of this policy. The Named Insured agrees to reimburse the Company promptly for any amounts the Company would not have had to pay were it not for this clause.
NOTICE OF OCCURRENCE, LOSS, CLAIM OR SUIT
The Named Insured must see to it that the Company or its Aviation Managers are promptly notified in writing at the nearest office, whose address is listed on the back of the policy cover, of an Occurrence that may result in a claim. Notice shall include:
particulars sufficient enough to identify the Insured;
how, when and where the Occurrence took place;
the names and addresses of any injured persons and witnesses.
(1)
(2)
(3)
If claim is made or suit is brought against the Insured, the Named Insured must see to it that the Company or its Aviation Managers receive prompt written notice of the claim or suit. The Named Insured and any other Insured involved must:
immediately send the Aviation Managers copies of any demands, notices, summonses or legal papers received in connection with the claim or suit;
authorize the Company or its Aviation Managers to obtain records and other information;
cooperate with the Company or its Aviation Managers in the investigation, settlement or defense of the claim or suit;
assist the Company or its Aviation Managers, upon the Aviation Managers' request, in the enforcement of any right against any person or organization which may be liable to the Insured because of injury or damage to which the insurance may also apply.
(1)
(2)
(3)
(4)
No Insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without the Company or its Aviation Managers' consent.`
SEPARATION OF INSUREDS
Except with respect to the Limit of the Company's Liability and any rights and duties specifically assigned in this policy to the first Named Insured, this insurance applies:
as if each Named Insured were the only Named Insured;
separately to each Insured against whom claim is made or suit is brought.
(a)
(b)
APPLICABLE TO COVERAGE E (MEDICAL EXPENSE)
ACTION AGAINST THE COMPANY
No person or organization has the right under this policy to sue on this policy unless all of its terms have been fully complied with and until thirty (30) days after the required proofs of claim have been filed with the Company.
6.
(a)
(b)
7.
8.
9.
10.
CAV01 (1/05) - 16 - American International Group, Inc. All Rights Reserved©
MEDICAL REPORTS: PROOF AND PAYMENT OF CLAIM
The injured person or someone on his or her behalf, as soon as practical after an accident, must give the Aviation Managers written proof of claim and if requested by the Aviation Managers:
provide his or her sworn statement under oath;
authorize the Aviation Managers to obtain medical reports and copies of records;
submit to physical examination by a physician selected by the Aviation Managers, when and as often as the Aviation Managers may reasonably require.
(1)
(2)
(3)
The Company may pay the injured person or any person or organization rendering the services and such payment:
shall reduce the amount payable hereunder for the injury;
shall not constitute admission of liability by an Insured, or the Aviation Managers.
(1)
(2)
APPLICABLE TO COVERAGES F, G, AND H (PHYSICAL DAMAGE)
ACTION AGAINST THE COMPANY AND PAYMENT OF LOSS
The Company does not have to pay, and the Named Insured does not have the right to sue on this policy, unless all of its terms have been fully complied with and until thirty (30) days after the required proofs of loss have been filed with the Company and the amount of Loss is determined as provided by the policy, nor at all unless commenced within twelve (12) months after the date of the Loss.
APPRAISAL OF LOSS
If the Named Insured and the Company fail to agree as to the amount of Loss, each shall, upon…
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