IO540
Insurance does cover negligence, fortunately
Insurance policies may or may not cover negligence.
It depends upon the terms of your policy.
If you are negligent and in consequence crash, have you complied with “all air navigation ….. orders and requirements ….. affecting the safe operation of the Aircraft”? In particular, articles 73 and/or 74 of the ANO?
I want to see actual cases of where insurance was voided on the basis of alleged illegal flight conditions, or indeed on the basis of anything at all taking place after departure.
There is no significance in the fact that the two examples I gave related to ‘failures’ which existed at the moment the flight began, rather then during flight.
I used them simply because I happened to have easy access to the relevant documents from "actual cases" so could give precise details.
When I was at the Bar I was also involved in “actual cases” in which insurers refused to pay relying upon breaches of aviation legislation which occurred in flight.
It is correct to say, as some have, that insurers sometimes choose to pay claims notwithstanding breaches which, under the Condition Precedent clause, would entitle them to refuse. If they do, they usually do so in the form of an ex gratia payment. ie The payment is not an admission of liability to pay under the policy.
However, the fact remains, again as others have pointed out, that whether or not payment is made in such circumstances depends upon how the insurers choose to exercise their discretion.
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Re specific legal questions:
For reasons I don’t want to go into, I’m no longer in a position to answer them. Sorry. I did for many years when I was a barrister but I now have to keep my comments on legal threads very general.
FL
Last edited by Flying Lawyer; 16th Oct 2009 at 07:43.