I'm confused. Mariner9 said:
The insurers would have to prove that the overweight condition was causative to the incident to avoid payment. Of course, there may be many incidents where it could be argued W&B was contributory, but equally, there will be many incidents where it has no relevance)
But IO540 said:
The stuff where insurance will take a walk is where the paperwork is duff e.g.
- duff/expired CofA
and Mariner9 says:
IO's comments above re insurance were spot on
Are you saying that if someone flies with an expired C of A, that fact would have to be causative in the loss in order for the insurers to avoid payment? Is that different from flying in violation of the limitations of the C of A?
Finally, is there a difference between the cases where the insured is dealing as a consumer and the case where the insured is a business? (My impression was that in the latter case at least, a breach of the terms would be regarded as a breach of contract and would void the indemnity. Or does that breach have to be material?)