Mark Pring

This Practice Note provides an introduction to aviation insurance and reinsurance, outlining the key market participants, the main types of cover and their role in aviation operations, leasing and finance. It also considers key policy provisions and legal and practical issues, including claims notification, jurisdiction, subrogation, aggregation and mitigation of loss.Introduction to aviation insurance and reinsuranceThe aviation insurance and reinsurance markets facilitate the management of an extensive range of risks associated with manufacturing, owning, operating and handling aircraft (and their constituent parts).Not least in view of the nature of the aviation industry, losses flowing from this range of risks can often be very significant in value, leading aviation insurers to further manage the accumulated risks that they take on through the extensive use of reinsurance.Finally, aviation-related risks by definition have an inherently international dimension, which then complicates the applicable legal and regulatory framework(s). As a consequence, all stakeholders, including insurers and reinsurers, have to navigate across a range of jurisdictions a complex

ARCHIVED: This Practice Note deals specifically with the reforms in Regulation (EU) 1215/2012, Brussels I (recast) as they relate to insurance matters. These are set out in the regulation at Chapter II, Section 3 in Articles 8–14. The Practice Note considers general rule that a defendant should be sued in the country in which they are domiciled and exemptions to that general rule when dealing with an insured who is regarded as the weaker party—the position where parties are on an equal footing is explored. Additional protection where there might otherwise be tacit prorogation of jurisdiction is considered as is impact of an agreed jurisdiction clause in an insurance dispute.

This Practice Note looks at the insurance contract provisions in Regulation (EC) 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose, escape routes and EU Member State derogation. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether Regulation (EC) 593/2008, Rome I or Regulation (EC) 864/2007, Rome II applies when dealing with vehicle accidents or third party rights against insurers is explored.

This Practice Note provides guidance on subrogation in the context of insurance. It explains the legal basis, purpose and practical application of subrogation, and outlines how to distinguish rights of subrogation from other rights such as assignment or contribution. It also examines common scenarios, including subrogation against co-insureds, the application of express subrogation clauses and waivers of subrogation. In addition, it addresses the allocation of recoveries and the insured’s duty to co-operate with insurers.

This Practice Note looks at the insurance contract provisions in Assimilated Regulation (EC) 593/2008, Rome I (UK Rome I). Definitions are provided and the different provisions for large and non-large risk contracts are explained in terms of choosing the applicable law, failure to choose and escape routes. Insurance cover obligations are explained as is how to determine where the risk is situated. Provisions for reinsurance contracts are briefly considered. Finally, whether UK Rome I or UK Rome II apply when dealing with vehicle accidents or third party rights against insurers is explored.

This Practice Note considers waivers in the context of insurance underwriting and claims-handling, focusing on non-consumer insurance contracts. It considers waiver in the context of the duty of fair presentation, waiver by affirmation or election, waiver by estoppel, waiver in the context of a breach of a condition and an insurer’s reservation of rights.