Trying to buy insurance without knowing something about it yourself
can sometimes be like flying blind -- you
know for sure you'll fetch up somewhere,
but that's about it.
A good relationship with an agent or
broker means that you should be able to
ask questions about your coverage and
how it is placed and get answers that give
you a better understanding of your
protection and how it is obtained.
Most aircraft owned by individuals
falls under the "pleasure and business"
class of insurance. The basic coverages
available under this class are aircraft hull
and liability.
Aircraft Hull
Aircraft hull insurance covers
physical damage to the aircraft you own.
This is different from the property
damage covered under liability insurance; property damage covers your
liability for damage to property of
others that isn't in your care, custody or
control.
Hull insurance can be written on
a named perils or "all risks" basis ("all
risks" is most common). The basic
difference between the two is that the first
tells you what causes of damage (perils)
are covered and the second tells you what
causes of damage are not. In the first, you
must prove that the peril was covered; in
the second, the insurer must prove that
it was not.
This type of insurance is subject to a
deductible. Large aviation policies have
only one deductible dollar amount that
applies, but most pleasure and business
policies provide for at least two
deductibles: either in motion/not in
motion or in flight/not in flight. Gener
ally, the higher the deductible, the lower
the cost of the insurance. If you have a
lienholder on your aircraft, they may
specify maximum deductibles. Deduct
ible amounts should represent the
maximum out-of-pocket loss you can
afford on an aircraft.
Policies differ in what constitutes each
type of deductible. For example, in some
policies, an aircraft may be considered
"in motion" and therefore subject to a
higher deductible unless it is at a
complete stop. Others may consider an
aircraft "in motion" after it commences
a takeoff roll and until it completes a
landing sequence.
When you are determining the amount
of hull insurance to purchase, keep the
market value in mind! If the insured value
is lower than market value and the
aircraft is even slightly damaged, the in
surer may decide to pay you the entire
insured value. The insurer could then repair the damage, sell the aircraft and
make a tidy profit. They can do this because any aircraft declared a total loss
belongs to the insurance company and
it is the insurance company's sole prerogative to decide if an aircraft is
a total loss.
If the insured value is higher than the
market value, it could probably be
repaired at a lower cost than the value it
is insured at, no matter how badly
damaged your aircraft is. This would
mean that, rather than paying you off for
the tangle of metal in the meadow, the
insurance company would repair it
because they would save money to do so.
This is not to say that you can never
insure an aircraft for more than the "blue
book" value. If you have special equipment installed, or the aircraft is in better
than average condition, you may be able
to push for a higher insured value. The
insurance company will probably require
you to substantiate your request,
however.
One important thing to note about hull
insurance is the function of the breach of
warranty endorsement. A lienholder on
an aircraft may require this in
addition to the right to be paid directly
in the event of a loss. Basically, the
breach of warranty endorsement
provides that if you perform an act which
voids the obligation of the insurance
company to pay on your behalf (such as
allowing non-approved pilots to operate
it), the company will pay the amount of
the lien to the lienholder, but will require
reimbursement from you.
Breach of warranty coverage is purchased in the amount of the lien, but this
shouldn't necessarily equal the amount
of hull insurance; otherwise you're
opening yourself up to underinsurance.
Aircraft Liability
Liability insurance covers your legal
liability to others. If you are held responsible for an act covered by the policy, the
policy usually will pay on your
behalf, although there may still be a few
policy forms out there that will simply
reimburse you. In its most basic form,
liability covers bodily injury and property damage arising out of the use or ownership of the aircraft.
You can obtain liability insurance in a
variety of different forms:
1. Bodily Injury and Property Damage
excluding Passengers -- Under this
coverage, even if there were passengers
aboard the aircraft who were injured, the
insurance company would have no
responsibility to pay for their injuries,
leaving the burden of payment directly
on your shoulders. This is the least
expensive option, and should be pursued
if you have a one-seater and/or don't let
others fly your aircraft.
2. Bodily Injury and Property Damage
limited to $X per Passenger -- Under this
type of coverage, any passengers who are
injured or killed are limited to a maximum recovery under the policy. If the
passengers or their estates don't feel the
limit was adequate compensation, they
then have the right to come after you for
the rest. Common passenger liability limits are $100,000 or $300,000, due to high
medical costs.
3. Combined Single Limit Bodily
Injury and Property Damage -- This can
be written either including or excluding
passenger liability. This is the best form
of protection to buy because it allows the
policy limit to be paid out as it may be
needed rather than having limitations on
how much can be paid to each passenger, how much can be paid for damage
to property of others, etc. This is the most
expensive option, but it is also the most
flexible.
Because of the possibility of a high
liability award, you should carry at least
$1,000,000 in coverage. This may seem
like a lot, but non-aviation type juries
tend to figure that anyone who can
afford an airplane can afford to pay
through the nose in a damages award.
800-851-2997
Higher Limits of Liability
If you're very well off, if you fly in
affluent areas of the country, or if you
sometimes carry affluent people as
passengers, you may want to carry
higher limits because of the possibility
of higher awards due to economic
status. If you do carry higher limits, there
are a couple of different types of quotes
you should get.
First, ask your insurance professional to quote a higher limit within the
same policy you have. This may sometimes be more expensive, but it does
offer the convenience of only requiring
one renewal each year. You may also be
eligible for some discount on the higher
limits because you've got them with the
same insurance company, and it also
facilitates claims handling.
One of the tricks of the trade that
insurance people use to get the best deal
possible for higher limits is called
"layering," either with your primary
carrier or another company. In this
method of buying insurance, you would
purchase several layers of insurance
which add up to the amount you feel you
need. Each layer will cost less, based on
the theory that smaller losses occur more
frequently than larger losses. Insurance
companies with higher layers figure they
simply have less chance of being called
on in the event of loss.
If you are using the layering
method, however, BE CAREFUL. If
possible, get what's known as a "following form." Under this type of policy, the
excess policy raises your limits and
follows the wording of your
policy exactly.
If you don't get a following form,
have your insurance professional make
sure that there are no gaps or overlaps in
coverage. This problem can arise when
the excess policy doesn't cover something important in the primary policy, or
when the excess policy requires a higher
limit than you have in the primary policy.
You'll be responsible for the difference
if this happens! Overlaps occur when the
excess policy will operate above a lower
limit of primary insurance or when
certain events are covered twice (you'll
only get paid once) .
Medical Payments and Personal
Accident Insurance
As always, there are other types of
protection you can buy. For example,
Medical Payments coverage acts as a
type of no-fault coverage. Regardless of
whether your acts caused an injury or the
other person's own carelessness led to
injury. Medical Payments will pay up to
a certain amount of first aid and medical
treatment rendered to that person within
a specified period of time (usually one
to two years). Common limits range
from $500 to $10,000 per person.
Aircraft crew can be included or
excluded from Medical Payments benefits. When selecting Medical Payments
limits, remember to keep current health
care costs in mind.
Personal Accident (PA) is a handy,
low-cost coverage to have on hand.
Basically it is an Accidental Death and
Dismemberment coverage that will
cover you while you're flying, unlike
most life or health insurance policies
This coverage is extremely flexible and
can be tailored to a wide variety of
coverage limits and types of coverage
Unlike the other coverages we're
discussed, it is unavailable in a standard
hull and liability policy, and must be
purchased from an agent or broker who
is licensed to obtain this type
of insurance.
Policy Warranties
When you "warrant" something in
an insurance application, you are
promising that it is true to the best of
your knowledge -- and if you go against
your promise, the insurance company
doesn't have to pay. Your signature on
the application warrants that you haven't
misrepresented yourself to the insurance
company, but the policy itself contains
two warranties.
The pilot warranty and territorial
limits are requirements to keep coverage in force rather than a statement of
truth. Both impact your insurance rates.
For example, it is more expensive to
have a worldwide policy territory than
one that is for the United States only
because you are likely to be more
knowledgeable about flying in your
own country than in others.
There are two types of pilot warranties: Open Pilot Warranty (OPW) or
Named Pilot Warranty. Under an OPW,
the underwriters state the minimum
acceptable pilot qualifications (such as
type of ticket, number of hours total time,
etc.) for anyone flying your aircraft. The
higher the qualifications, the lower the
price should be. A Named Pilot Warranty
states the names of the people the insurance company has approved to fly the
aircraft. All things being equal, the
Named Pilot Warranty is less expensive
than an OPW because it is more
restrictive.
The insurance company, contrary to
popular belief, isn't telling you who can
fly your aircraft in a pilot warranty.
They're telling you that, given the
amount of premium you've paid, this is
the most risk they're willing to take in
terms of the pilot(s). Most insurance
companies will be more than happy to
charge you more for less-qualified pilots,
but the cost may be more than you're
willing to pay.
You should note that if the pilot in
command at the time of the loss doesn't
meet the pilot warranty, the
insurance company has absolutely no
obligation to pay, regardless of whether
the PIC caused the loss or not.
The same goes for where the insurance company provides coverage. Many
pleasure and business policies will pay
for losses when the aircraft is operated
in the United States (excluding Alaska),
Canada and the Bahamas or while
enroute to those areas. If you're outside
the territory when you go down, you're
out of luck as far as getting any money
from the insurance company. Check with
your agent or broker if you plan to fly
outside these areas, and purchase the
appropriate insurance. Mexico and
Canada both require liability insurance
if you will be flying to a point in their
respective countries.
It is always advisable to carry all
applicable insurance. Even though the
cost of liability insurance, hull insurance
and special endorsements may not have
been something you counted on when
you got your warbird or classic jet, they
carry a benefit beyond paying out policy
limits for covered events -- they also pay
for your defense costs if a suit is initiated against you. This may be of even
more benefit than the liability payments,
because the cost of defense is covered
even if the suit is a frivolous one, or one
in which you are ultimately determined
to not be liable.
A word about nonstandard airworthiness certificates: be sure your policy
is endorsed to specifically cover the type
of certificate you hold. The standard
wording of most policies precludes coverage if the certificate is other than standard, so read your policy carefully, and
have your insurance professional show
you that coverage exits.
Other Considerations
Because of the technical nature of
aviation, it is considered a specialty field
within the insurance industry. The
majority of the agents and brokers
placing aviation insurance do so on a primary or even full-time basis. If your
agent or broker is not a specialist,
chances are that he or she may not know
all the options available to you or have
access to the insurance company that
may be best for your needs.
Even the most knowledgeable
specialist may be unable to give you the
service you deserve. Before you write
next year's check, think for a moment:
Were you given plenty of time to make
your decision about renewal? Were you
given several quotes or just told what the
price would be? Were your questions
answered in a useful way or did you just
get more jargon? Were requested
changes made promptly? Was everything
in the policy right? Did you request
certificates of insurance that never got
to the people that required them? If you
had a claim, was it settled fairly and
promptly? Were there any unwelcome
surprises lurking in your policy?
You'll want to know if your
insurance company is financially stable
so it can pay claims if they come up.
You'll also want to know how good its
policy form is, in terms of the broadness
of its terms, definitions, conditions and
exclusions. Admittedly, sitting down in
the evening and reviewing your insurance policy has a much lower enjoyment
factor than punching holes in the sky, but
if you find even one area that is
unacceptably restrictive, the time is
well spent.
As you read the policy, made sure
that all the information about you and
your aircraft is correct. If it isn't, run -
don't walk-to the phone and let your
agent or broker know what changes are
needed. As you review the policy, see if
each section makes sense. If it doesn't,
you should get some answers. It could
be that the section you have a question
about can be modified to meet your
needs better.
Once you find an insurance company you like, stick with it! Believe it or
not, most insurance companies repay
loyalty with flexibility and consideration
for their insureds.
The Final Analysis
Unfortunately, there's no instrument
rating for insurance buying. If you can't
see it in the policy, it's not there. You
should know what you want, what you
need and how to tell if you got it. A good
policy can literally be worth more than
its weight in gold when you
really need it.