In the UK companies are required to take out and maintain employer's liability and public liability insurance. This insurance covers the company in respect of potential claims by employees in the former case and by third parties (for example, passengers) in the latter.
Employers are covered in respect of these claims by actions of their employees undertaking their LAWFUL duties in connection with the employer's business.
Professional Indemnity Insurance is usually required to be taken out by practitioners when providing a service as principals in private practice. This insurance, whilst optional in law, is usually a requirement of membership of the relevant professional body governing the professional person.
PII insurance is not normally required to be taken out by employees of companies as this requirement is covered by the vicarious liability of their employers.
It should also be noted that PII covers the 'professional negligence' of practitioners that might arise out of liability for a breach of a duty of care in tort. It is not taken out to cover for an criminal liability which might arise in the course of employment.
Whilst it may be possible for actions to be brought against pilots for 'negligence', it is also possible for criminal action to be brought against the pilot. Such liability would not be covered by PII. Just as a speeding ticket is a criminal offence for the driver of a car, so might the 'negligence' of a pilot breaching the relevant air law. So PII would be inappropriate in that case.
I understand the concerns of pilots in respect of PII, but its relevance is questionable in law.
Therefore, I think to consider PII for pilots would be opening a hornets' nest of potential issues and problems - not least of which is cost.
If this area of insurance was relevant I'm sure the regulators and the airlines would have imposed conditions on pilots already. I think it is because it would be inappropriate both as an employee and in law that no action has been taken over many years to provide this form of cover.
Please don't try in impose an expensive additional cost to pilots, when its relevance is questionable in any event.
KR
FOK
Last edited by FlyingOfficerKite; 2nd Dec 2009 at 16:55.