ISBN:
9783642324338
,
1283945991
,
9781283945998
Sprache:
Englisch
Seiten:
Online-Ressource (XX, 322 p. 5 illus, digital)
Serie:
SpringerLink
Serie:
Bücher
Paralleltitel:
Buchausg. u.d.T. Nyampong, Yaw Otu Mankata Insuring the air transport industry against aviation war and terrorism risks and allied perils
DDC:
341.4
Schlagwort(e):
Law
;
Law
;
Luftverkehr
;
Terrorismus
;
Attentat
;
Risiko
;
Luftfahrtversicherung
Kurzfassung:
This book explores the central problems underlying the insurance of aviation war and terrorism risks and associated perils. It critically analyses the reasons why conventional insurance markets are unwilling or unable to provide sustainable insurance coverage for aviation war and terrorism risks in the aftermath of catastrophic events such as the terrorist events of September 11, 2001. It also examines some of the prominent concepts proposed and/or implemented after 9/11 to determine whether and to what extent these concepts avoid identified pitfalls. Like many of life’s essentials, the importance of insurance is most evident when it is not available. The sheer scale and magnitude of the insurance losses that followed 9/11 caused conventional insurance markets (which hitherto had been offering generous insurance coverage for aviation war and terrorism risks to air transport operators for little or no premium) to withdraw coverage forthwith. The ensuing absence or insufficiency of commercial insurance coverage for aviation war and terrorism risks has sparked a global search for viable and sustainable alternatives. Ten years have since elapsed, and despite numerous efforts, the fundamental problems remain unresolved. The book proceeds on the premise that the underlying issues are not entirely legal in nature; they have immense economic, psychological and policy implications that cannot be underestimated. A multidisciplinary approach is therefore used in examining the issues, drawing heavily upon analytical principles adapted from law and economics and behavioural law and economics. It is hoped that the resulting study will be beneficial not only to lawyers and those interested in aviation insurance but also to economists, air transport insurance program managers, capital market investors and governmental policymakers, both at the national and international levels
Beschreibung / Inhaltsverzeichnis:
Insuring the Air Transport Industry Against Aviation War and Terrorism Risks and Allied Perils; Issues and Options in a Post-September 11, 2001 Environment; Foreword; Preface; Acknowledgments; Contents; List of Acronyms; Chapter 1: Introduction; 1.1 Conventional Insurance and Aviation Risks; 1.2 The Insurance Aftermath of the Events of September 11, 2001; 1.3 The Nature of the Beast; 1.4 Alternative Solutions for Insuring Aviation War and Terrorism Risks on a Sustainable Basis; 1.5 Object, Approach and Structure of This Book; References
Beschreibung / Inhaltsverzeichnis:
Chapter 2: The Insurance of Aviation Risks by the Conventional Insurance Markets2.1 Introduction; 2.2 Conventional Insurance: A Means of Spreading Risks; 2.2.1 The Premium; 2.2.2 The Obligation of the Insurer; 2.2.3 Payment of Money or Corresponding Benefit; 2.2.4 The Special Uncertain Event; 2.2.5 Loss and Indemnity; 2.2.6 Transfer of Risk; 2.2.7 The Subject-Matter of the Contract of Insurance; 2.3 Legal Concepts and Principles Applicable to Insurance; 2.3.1 The Utmost Good Faith: Uberrima Fides; 2.3.2 Insurable Interest; 2.3.3 Indemnity; 2.3.4 Subrogation; 2.3.5 Contribution
Beschreibung / Inhaltsverzeichnis:
2.4 The Underwriting Practices of the Global Aviation Insurance Market2.4.1 The Structure of the Global Aviation Risk Pool and the Law of Large Numbers; 2.4.2 Direct Insurance: Placing the Risk; 2.4.3 Reinsurance, Retrocession and Excess Insurance: Spreading the Risk Further; 2.4.4 The Concept of Insurability and the Rating of Aviation Risks; 2.4.5 Conditions, Warranties and Exclusions in Insurance Contracts: Methods for Trimming Underwriters' Exposure to Risks; 2.4.6 The Role of Insurance in Aviation Litigation: The Duty of the Insurer to Defend Claims Brought Against the Insured
Beschreibung / Inhaltsverzeichnis:
2.5 Compulsory Insurance Requirements in Domestic and International Air Transportation and the Question of ``Adequate´´ Insurance Coverage2.5.1 Insurance Requirements Relating to Air Passenger Liability; 2.5.2 Insurance Requirements for Third-Party Liability; 2.6 Conclusion; References; Chapter 3: The Insurance of Aviation War and Terrorism Risks by Specialist War Insurance Markets; 3.1 Introduction; 3.2 The Historical Development of War Risk Insurance in the London Marine Market; 3.3 The Evolution of War Risk Exclusions and Extended Coverage Endorsements in the Aviation Insurance Market
Beschreibung / Inhaltsverzeichnis:
3.4 Judicial Interpretations of War Risk Exclusionary Terms Commonly Used in Aviation Insurance Policies3.4.1 War, Invasion, Civil War, Warlike Operations, Hostilities, Insurrection, Rebellion, Revolution, Military or Usurped Power; 3.4.2 Hostile Detonation or Use of Any Nuclear Weapon of War, Radioactive Force or Matter, Chemical, Biochemical or Biological Materials; 3.4.3 Strikes, Riots, Civil Commotions or Labour Disturbances; 3.4.4 Acts for Terrorist or Political Purposes; 3.4.5 Malicious Acts and Acts of Sabotage
Beschreibung / Inhaltsverzeichnis:
3.4.6 Confiscation, Nationalization, Seizure, Restraint, Detention, Appropriation, and Requisition for Title or Use
Anmerkung:
Description based upon print version of record
DOI:
10.1007/978-3-642-32433-8
URL:
Volltext
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