Use of insurance in aviation finance transactions

Produced in partnership with Norton Rose Fulbright
Practice notes

Use of insurance in aviation finance transactions

Produced in partnership with Norton Rose Fulbright

Practice notes
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Aircraft are high value Assets, prone to damage and capable of causing destruction. Appropriate insurance coverage is a vital concern for financiers and the contents of the policies and their legal effect is an area where more attention is required than may be the case in other types of asset finance.

This Practice Note considers insurances in a situation where an aircraft owner, as lessor, is leasing an aircraft to an airline as lessee. Where an aircraft has been financed by a bank or other lender, the issues identified as relevant to a lessor in this Practice Note will also be relevant to the aircraft financier. This is because in many aircraft finance structures, the financier will typically take security over the rights of the lessor against the lessee under the lease.

The nature of insurance contracts

A contract of insurance is a contract of indemnity for loss arising as a consequence of a specified peril (eg the loss caused by the damage or destruction of the insured asset). The contract is constituted between the

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