Res Communis

Insurance in Business Aviation

Friday 4th November 2011

London, UK

The aim of this event is to provide an explanation of basic insurance terms in the context of aircraft finance and ownership structures. The seminar will also concentrate on the practical aspects of how the insurance market works. Gates and Partners together with a panel of brokers, underwriters and adjusters will explain the legal and practical aspects of aviation insurance.

The seminar is aimed at financiers, lessors, owners and operators of aircraft.

Agenda Highlights

Overview of insurance language and practices in aviation

– Insurance and reinsurance, hull and liability insurance, legal liability to third parties and to passengers

– Agreed value versus market value – what is the difference in finance terms?

– Sole loss payees and additional insureds

– The difference between a certificate of insurance and the underlying policy

– Fleet policies versus single aircraft policies

– War, hijacking and other perils – exemptions and exclusions

– Denial of coverage – breach of sanctions and regulations, non-payment of premiums, illegal public charter

– Jurisdictional risk

– The Lloyds insurance market and the international market – insurance and reinsurance

– Breach of Warranty and its effects

Panel discussion

Expert underwriters, brokers and lawyers will be invited to take part in a panel discussion to debate issues affecting the finance industry such as:

– AVN67B – what does it really mean and does it really work in practice?

– Do assignments of insurance protect the financiers interests? How do they work in practice?

– EU regulation on third party liability limits – does the regulation need to be reviewed in the context of recent claims?

– How safe is the reinsurance market? Should the AIG example make financiers nervous

Claims Handling

A review of how claims are handled in practice; negotiation of the hull release; the financiers’ part in the whole process; what is loss adjusting?

Risk Management

– Discussion on how operators and airlines can better protect themselves – should the financiers care? Emergency response planning, audit and information procedures, reviewing contractual risk and exposure.

International update

– Negligent Entrustment – The Cook County Judgement

– Criminalisation of aircraft accidents in Europe

– Aircraft repossession insurance

– Recent examples

For more information and registration about the Agenda and to Register:

http://www.aeropodium.com/cp/insurance.html

Fri 26 Aug 2011 – We are anti-carbon, not anti-aviation, claims the UK government in a new report published by the Department for Transport (DfT) in response to a major study released in December 2009 by the government’s climate change advisers, the Committee on Climate Change (CCC), on reducing UK aviation carbon emissions out to 2050. The target is to rein back emissions to 2005 levels by 2050 but forecasts by the DfT show that they will continue to rise steadily to 2040 and policy interventions alongside new technologies and measures will be required to stem the growth and then achieve real reductions. The DfT report updates previous long-term CO2 projections and also provides an analysis of which measures will provide the most cost-effective means of reducing emissions. The government is currently consulting with stakeholders as it forms a strategy for achieving the sustainable growth of the UK aviation industry, with a framework due for release in March 2013. [Full story]

With the U.S., Australia, Canada and China having expressed objections to the European Union’s Emissions Trading Scheme (EU-ETS), now China and Russia are said to be soliciting other nations to help oppose the European plan.

According to China Daily, China will not comply with the EU demands and will take legal action at a future date against the plan. The newspaper quoted Chai Haibo, deputy secretary-general of the China Air Transport Association (CATA), as saying the EU-ETS is “radically unreasonable” and the association is not going to follow it or apply for an exemption. [more]

An Australian government review has determined that despite airline complaints to the contrary, airport charging practices are reasonable, particularly when compared with other countries.

While the government’s Productivity Commission found that the “light-handed regulation” of airport pricing is generally working well, it does recommend some changes aimed at giving the main competition watchdog the ability to proactively intervene if unreasonable pricing is occurring or suspected.

The Australian government began privatizing airports in 1997, culminating with the sale of Sydney Airport in 2002. A price cap system was imposed, although this was subsequently replaced with the light-handed regulation concept after a government inquiry found that the price controls risked “distorting production decisions and chilling airport investment.” [Full story]

A bill that would exempt California fight training organizations from onerous fees and reporting requirements imposed by a 2009 post-secondary education law took a major step toward becoming law Aug. 30 with approval by the state Senate.

The Assembly approved Senate Bill 619 Aug. 25, and it was then referred back to the Senate, which had passed the measure in May, for adoption of technical corrections. The corrections include an urgency clause that would make the bill effective immediately on its being signed by Gov. Jerry Brown, said AOPA Vice President of Airports and State Advocacy Greg Pecoraro.

“AOPA will continue to keep this bill moving forward,” he said. [more]

In the days and weeks leading up to the August 2 changes that eliminated the Block Aircraft Registration Request (Barr) program, which for a decade had allowed Part 91 operators to suppress their flight information at online flight tracking websites, a number of business aircraft pilots were eager to find an alternative. And they quickly found a free-market solution.

Since about mid-July, FltPlan.com–a company that claims to process more than two million FAA flight plans a year from pilots–started offering its customers a “call sign” program….

Meanwhile, the FAA would not answer questions regarding the legality of a servicing agency outright selling the use of its call sign to Part 91 operators as a replacement for the now-defunct Barr program. However, AIN understands that the agency is looking into the matter. [Full story]

Hot-air balloonists celebrated when an east valley olive farm dropped its lawsuit against them Aug. 15 after nearly 2 1/2 years. But the damage had already been done.

A dozen balloonists or balloon companies went out of business, left the area or simply stopped flying locally. People lost their jobs and ran up big debts defending themselves. One balloonist said he ran up $177,000 in attorney’s fees.

All of this occurred with JCM Farming Inc., the plaintiff in the lawsuit, never once having to show proof to a judge that its initial, central complaint was true: That the balloonists had flown too low over its property and caused a nuisance.

The lawsuit illustrated what many see as a pervasive problem in the U.S. justice system, especially in California: well-financed litigants can run small businesses and individuals into the ground, often grinding out cases for years. [Full story]

(Reuters) – U.S. President Barack Obama, seeking to save jobs in a tough economy, urged Congress on Wednesday to not hold up multibillion-dollar temporary funding bills for aviation and highway spending.

Obama said in remarks at the White House that it would be “inexcusable” for lawmakers to not act immediately on those measures when they return from their summer recess next week.

Obama’s remarks on transportation presaged his plans next week to lay out a broad strategy for creating jobs. [Full story]

AOPA and the National Business Aviation Association (NBAA) filed their opening brief in court Aug. 29 to challenge the government’s decision to severely limit the Block Aircraft Registration Request (BARR) program.

In their briefing, filed with the U.S. Court of Appeals for the District of Columbia Circuit, the associations argue that the FAA’s revisions to the BARR program are unlawful and should be invalidated.

“The FAA has failed to explain why it reversed its long-standing policy recognizing that very real concerns about safety, security and competitiveness justify giving aircraft owners and operators a way to ‘opt-out’ of having their flights tracked by anyone, anywhere in the world with an Internet connection,” said NBAA President Ed Bolen. “This reality has been pointed out in the overwhelming opposition to the government’s plans for the BARR. The government ignored these concerns, but we believe the court will not be so dismissive.” [more]

Safety and Security:

How 9/11 Changed Aviation

Panel discussions in honor of the 10 year anniversary

of September 11, 2001

PANEL 1:  9-11 Events: Response and Lessons Learned   

During the first Panel, hear from panelists who had leadership responsibilities for responding to the events that unfolded on 9/11. They will share how decisions were made, how the aviation system returned to normal operations, and the lessons they learned. Their stories of the public and private sectors working together and the heroism they witnessed are truly remarkable.

Featuring:

Melissa Rudinger, Senior Vice President, Government Affairs,  Aircraft Owners and Pilots Association 

Jeanne Olivier, Assistant Director, Aviation, Security & Technology, The Port Authority of New York & New Jersey

Linda Schuessler, VP for Air Traffic Operations for The Washington Consulting Group

PANEL 2:  Then and Now — What Changes Have Been Made

The experts on Panel Two will address what has changed for aviation in the ensuing years,  including voluntary and regulatory rules; new technology and procedures for aircraft,  airports and passengers; and best practices for safety and security across the global aviation industry. Learn how far we’ve come and what challenges still lie ahead.

Featuring:

Nancy Graham, Director, Air Navigation Bureau, International  

Civil Aviation Organization    

Nancy Kalinowski, Vice President, System Operations Services,  

Federal Aviation Administration and Former VP System Operations Services,  

Federal Aviation Administration

Bonnie A. Wilson, Chief Operating Officer, Jackson Municipal Airport Authority

Panel Moderator: Lillian Ryals, Executive Director, Next Generation Air Transportation System, The MITRE Corporation

Thursday, September 8, 2011

8:00 a.m. – 12:30 p.m.

Location: Reagan National Airport

Historic Terminal A

Arlington, VA

Metro: Take the Blue or Yellow line to the Ronald Reagan National Airport Stop

Schedule of Events:

8:00 a.m. Registration, Networking  and Continental Breakfast  

8:30 a.m. Panel Discussion 1  

10:30 a.m. Panel Discussion 2

12:30 p.m. Adjourn

Please note the program will begin promptly at 8:30 a.m.     

 Click here to register.