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Territorial Limitations --
What Does My Aviation Insurance Policy Impose?
Think you've got
everything you need for that Caribbean trip?
Looked up that insurance policy, just to make
sure? Be careful -- your insurer's definition
of "the Caribbean" may not include the
particular island to which you're flying
In my past articles, I
have cautioned many times that you should never
assume all aviation insurance policies are the
same: The fact is, they are very different. Even
different policy forms issued by the same
company can have great variations in coverage.
We have cautioned that you must read and
understand the basic coverages your policy
offers: understand the pilot requirements,
confirm the hull value, and define the purpose
of use, to name just a few. It is important that
all policy variables must be clearly defined and
understood by you -- the aircraft owner and
operator. Ignoring such detail can lead to
disappointing and expensive lessons after a loss
has occurred.
What about policy territorial limitations? I
thought we were covered everywhere?
There is no policy detail more important and
more confusing than the territory of operation.
I might also say that there is no policy detail
more poorly defined by the industry than the
territory of operation.
In an effort to simplify the questions
surrounding territory definition, the editorial
staff at CS&A Aviation Insurance (Chappell,
Smith & Associates, Inc.) has compiled the
following information, which we have also
included in a chart. We compared actual copies
of each insurance underwriting company's basic
policy forms, reviewed standard policy expansion
endorsements, and, in most cases, interviewed
the respective underwriters seeking explanations
of those areas we felt were ambiguous or poorly
defined. Through all this effort, the topic
remains very confusing. As a result, we are
offering the following information only as a
guide, and we recommend that you review your own
policy. If you find it confusing, call your
agent for a specific explanation or definition.
So, Where Am I Covered?
(Or, Do I Need A
Geography Lesson?)
If you operate your aircraft only within the
48 contiguous United States, you are covered by
every basic policy issued by domestic aviation
insurance underwriters. This is where the
universal similarities end. If, however, you are
getting ready to hop into your aircraft and
pilot yourself and family on that long
anticipated winter Caribbean trip, you should
stop and read your aviation insurance policy
carefully. If you have changed underwriters
recently, or have never paid attention to where
you are covered, you may be surprised to find
out that the territory your policy covers has
changed, or that it differs from what you
expected. Different underwriters provide
different territorial coverages, and the
designations they use for the same geographical
location may vary among them. By examining each
individual policy and the actual territories
covered, you can obtain a better understanding
of the geographical scope of your coverage.
The 48 Contiguous United
States and Mexico
The normal aviation insurance policy applies
within the 48 contiguous United States and
Mexico. We know of no exceptions to this
statement. There is one word of caution,
however. When traveling to Mexico, the Mexican
government does not recognize your policy issued
by a U.S. aviation insurance underwriter. As a
result, you must have proof of Mexican liability
insurance in your possession, issued through a
Mexican insurance company. Some U.S.
underwriters purchase these certificates from a
Mexican insurance company and include them with
your U.S. issued policy at no additional cost to
you. Some underwriters will sell this
certificate to you at a premium that will just
cover their cost. Others do not provide the
service at all. Check with your agent if you are
not sure about Mexican liability coverage.
Canada
If you are planning a trip to Canada, your
policy's coverage territory should be examined a
little more closely. Almost all of the
underwriters give blanket territorial coverage
for Canada. London Aviation Underwriters (LAU)
and AVEMCO do have some minor restrictions.
Alaska and Hawaii
If you desire to travel further north to
Alaska, or west to Hawaii, you must not assume
you have coverage just because these are a part
of the United States. Some companies, such as
Phoenix Aviation Underwriters and USAIG, include
Alaska and Hawaii in their basic policy forms,
while others offer coverage only if your
insurance is written on their broadest policies
or by specific endorsement.
Caribbean
One of the most confusing territorial
extensions is the Caribbean. We are seeing
reference to this extension more frequently now
than ever before. Because this is a popular
destination for many of our clients, we will
discuss it in some detail.
Prior to our current tight underwriting
environment, many underwriters would freely
extend their policy territory to include the
Western Hemisphere. This territory expansion is
very broad, and for most of general aviation, it
is far in excess of any desired destination.
With the tightening of the market, however, in
an attempt to curb underwriting losses,
insurance companies are now underwriting much
more conservatively and restricting coverage to
the Caribbean. The thought is that they want the
opportunity to specifically review and
underwrite any insured traveling outside the
territories of the U.S., Canada, and Mexico.
They usually (not always) give up control and
include the Bahamas and the Caribbean, if
requested. (The Bahamas often is included as a
part of many companies' basic policy form.)
The Caribbean? What Is
Included?
If traveling to the sunny Caribbean, the
definition of policy coverage territory becomes
confusing and poorly defined. Several
underwriters extend coverage in the basic
policy, and others through endorsement, to
include the "Caribbean" or "Islands of the
Caribbean." The problem with the wording of such
a coverage territory is that the geographic
definitions in most policies are vague or
non-existent. In common usage, "Caribbean" is
used to refer to a large geographic area or
culture. The Caribbean area can be construed to
be any geographic entity bordering on the
Caribbean Sea. Does this include just the
islands, or is the coast of Central America or
South America included as well? It is obvious
that underwriters do not intend for the policy
coverage territory to be so vague as to allow
you to island hop your Baron all the way to
Venezuela. By many textbook definitions,
however, Venezuela and Columbia are in the
Caribbean, although they are geographically part
of South America.
A policy that lists a coverage area as the
"Islands of the Caribbean" is more defined.
Obviously, the underwriter in this instance
intends for the coverage territory to include
only those islands that border on, or are in,
the Caribbean Sea. This coverage territorial
definition, if taken literally, would exclude
the Bahamas, which are technically in the
Atlantic Ocean. As a result, if not included in
the basic policy, the Bahamas must be
specifically included. Many underwriters, such
as USAIG, AIG, and AVEMCO, do include the
Bahamas as a specific territory covered in their
basic policy. (Please note that coverage for the
Islands of the Caribbean must be added by
endorsement for each of these three companies.)
Having said this (I know, I'm extremely
picky), I must point out that coverage for the
"Islands of the Caribbean" is still not specific
enough. Technically, there are only a few
islands, such a Jamaica and the Cayman Islands,
totally surrounded by the Caribbean Sea. To
state the territory of coverage as the "West
Indies" is technically correct and more
encompassing. I guess we are supposed to know
what they mean.
The West Indies
Although seldom referred to as a territory,
the West Indies would be a correct and very
specific coverage definition. The West Indies is
a 2,000-mile-long archipelago of many islands
that extend from the southern tip of Florida to
the northern coast of Venezuela. They
technically separate the Atlantic Ocean from the
Caribbean Sea. Except for the Bahamas, they have
the Caribbean Sea on their west side and the
Atlantic Ocean on their east side.
They are further separated into the Greater
and Lesser Antilles. The Greater Antilles
consists of Cuba, Hispaniola (Haiti/Dominican
Republic), Jamaica, and Puerto Rico. The rest of
the islands are considered the Lesser Antilles,
from the Bahamas off the coast of Florida, to
Curacao north of Venezuela. The Lesser Antilles
is broken down into the Leeward and Windward
Islands.
AIG LAD (Light Aircraft Division) is the only
underwriter that specifically covers the "West
Indies" in their basic policy form. This is
certainly more specific than just referencing
the Caribbean. Congratulations to AIG -- you win
the aviation underwriters geography challenge.
Some companies' basic coverage includes the
Bahamas Islands, but not the West Indies.
USAIG's basic coverage includes Puerto Rico,
because it is a Commonwealth of the United
States.
Whether or not you can get a territorial
extension endorsement to the West Indies depends
on the underwriter. At present, USAIG endorses
the West Indies with its Preferred Pilot
Endorsement. U. S. Specialty (USSIC) endorses
the Bahamas Islands on their policy form 1590,
and will extend coverage on a case-by-case basis
to the West Indies. Aerospace Insurance Managers
and London Aviation Underwriters will extend
coverage only to specific locations in the West
Indies. AVEMCO's policy extends limited coverage
into the Caribbean. The AVEMCO policy form
additionally excludes Bermuda, Central America,
and Cuba. Phoenix Aviation Managers and W. Brown
and Associates will endorse extended coverage to
the "Caribbean" and "Islands of the Caribbean,"
respectively.
Confused?
If you are unclear as to the exact definition
of the territory included in your policy, you
should request confirmation of coverage to
specific locations, especially if traveling to
the Caribbean. This will ensure that there are
no questions regarding coverage under the broad
definition of "Caribbean" or "Caribbean
Islands."
Central and South America
or Western Hemisphere
For trips to Central America or South
America, a territorial extension for the Western
Hemisphere is usually requested. The textbook
definitions of a hemisphere may differ from what
the insurance underwriters designate as a
hemisphere. Geographically and geometrically,
passing a plane through the center of a sphere
creates a hemisphere. A plane passing through
the center of the earth at the Prime Meridian (0
degrees longitude, at Greenwich, England),
creates the Eastern and Western Hemispheres.
Geographically, the Western Hemisphere covers
an area from 0 degrees to 180 degrees west
longitude, or the International Date Line. The
Eastern Hemisphere is from 0 degrees to 180
degrees east longitude. When an underwriter
unwittingly includes a territorial extension for
the Western Hemisphere without a definition,
technically they are including part of Europe in
the territorial extension. Some large,
well-known cities, such as London, Madrid,
Dublin, and Belfast, as well as a large portion
of eastern Africa, lie west of the Prime
Meridian. As a result, the more astute
underwriters that issue coverage for the western
hemisphere usually outline what constitutes the
area of coverage, and most do not consider
Europe or eastern Africa to be in the Western
Hemisphere. As an example, U.S. Specialty
Insurance Company expands coverage to the
Western Hemisphere with the following wording:
"Western Hemisphere means North America, Central
America, South America, Hawaii, Bermuda, West
Indies (Greater and Lessor Antilles), and all
other islands and waters which are within 500
miles of the shore line thereof, and Greenland
or while enroute between these points, but
excluding Cuba." As you can see, this
endorsement excludes coverage for Europe.
Worldwide
Large flight departments dealing in
industrial aid, airline, or charter traffic may
be operating with worldwide coverage. This
coverage is either requested by your agent prior
to binding coverage, or was issued automatically
as a part of a very broad policy form usually
reserved for large, corporate aircraft. It
definitely makes more sense for a Gulfstream V
to have worldwide coverage than a Cessna 182.
Whether or not the underwriter can provide this
coverage depends upon his reinsurance
requirements, depth of coverage desired, and
risk exposure. Today, most worldwide coverage is
offered without exclusion of territories.
Specifics
One of the most interesting basic territorial
coverages offered is that of USAIG. The basic
policy territory extends to the "United States,
its territories and possessions, Canada, Mexico,
Bahama Islands, or while en route between these
places." You can theoretically fly your aircraft
from the west coast of California, to Hawaii,
Wake Island, the Northern Marianas, and on to
Guam on the other side of the International Date
Line, because you are covered for the United
States, its territories, and possessions.
Remember
The most important points to remember from
this geographical exercise are that you should
read your policy and understand its coverage
territory. If your coverage states "Caribbean"
or "Islands of the Caribbean," check with your
agent to see if you are covered to the exact
location you want to travel. If you are flying
to Venezuela, Belize, or Honduras, don't expect
automatic coverage for an occurrence in any of
those locations if your policy coverage
territory simply says "Caribbean." Get out your
geography books and maps and contact your agent
before that next trip.
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114 Townpark Dr. NW, Ste.
310
Kennesaw, GA 30144
1.800.761.2557
TEL: (770) 794.7500
FAX: (770) 794.2394 |
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Franklin, TN. 37067
1.800.999.1109
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