The information
supplied herewith is meant to be informative.
It is not intended to be a substitute for
the wording of any insurance policy. The
policies of insurance control how an insurance
carrier may handle a claim not the information
provided herewith. Please read your policy.
Contact your broker or carrier with specific
questions. Thank you!
Frequently Asked Topics
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About the SSA's Group Insurance
Prgram
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|
Q: |
Why should I make use of the
SSA Group Hull and Liability Insurance
Plan? |
|
A: |
The short list of reasons is:
- Extremely high quality service
from our broker of record,
Costello Insurance Associates.
Pat Costello and his experienced
staff have done an excellent
job representing the needs of
SSA members to our insurance
carrier since 1984.
- We offer a strong insurance
carrier.
- A unique insurance contract
is provided.
- A rate reduction is provided
to many who winter-store their
gliders.
- Telephone communications
to Costello Insurance Associaties
are toll-free.
- Claims-free customers are
rewarded with reducing deductibles
and rate credits up to 25%
- Group rates.
- No special off-airport or
canopy deductibles.
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Access to the SSA Group Hull and
Liability Insurance program |
|
Q: |
What is the criterion to access
the SSA insurance program? |
|
A: |
For a pleasure policy on a glider---
- If an individual, he/she
must be a member of the SSA
and maintain that membership
while insurance is in force.
- If a partnership, all
partners must be a member
of the SSA and maintain
that membership while insurance
is in force.
- If a corporation or
LLC, an officer of the corporation
or the corporation itself
must be an SSA member and
maintain that membership
while insurance is in force.
- Those who rent or borrow
gliders must be members of the
SSA.
- Flying clubs---
- The club must be a chapter
of the SSA which means all
club members must be SSA
members.
- If the club is not a
chapter all club members
must still be members of
the SSA.
- SSA memberships must
be maintained while insurance
is in force.
- Commercial operations---
- Whether an individual
or corporate entity the
policyholder should be a
business member of the SSA
and maintain that membership
while the insurance is in
force.
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Age Requirements
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|
Q: |
Is there a maximum age limit
for pilots in the SSA Group Insurance
program? |
|
A: |
No. We have pilots in their
80's. |
|
Q: |
Is there a minimum age for pilots
in the SSA Group Insurance program? |
|
A: |
Yes. The pilot must be old enough
to obtain a student pilot certificate
for gliders. |
|
Q: |
Is there a maximum age limit
for aircraft? |
|
A: |
No. |
|
Q: |
I am a senior glider pilot.
To acquire or retain glider insurance
in the SSA Group Plan, must I obtain
a FAA flight physical or a doctor's
health statement? |
|
A: |
No, unless there is some indication
of a problem.
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Aircraft Liability
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|
Q: |
While all the carriers insuring
gliders can provide $1,000,000 of
bodily injury and property damage
liability, some lower that amount
to $100,000 when it comes to injury
to a "passenger" or any "person".
What is the difference? |
|
A: |
If the limitation is per "person"
the $100,000 maximum applies to
people outside the aircraft as well
as any one passenger. You would
have to injure 10 people to exhaust
the $1,000,000 limit.
If the limitation is per "passenger",
and a person outside the aircraft
was hit, the full $1,000,000 is
available. The SSA's group plan
provides a limit of $1,000,000 of
bodily injury and property damage
including passenger liability of
$100,000 per passenger seat. The
$100,000 applies to each passenger
only. Should someone outside the
glider be hit the difference is
$900,000 more protection within
the group program. |
|
Q: |
I have a single seat glider.
Why should I consider having passenger
bodily injury liability coverage
when I can't carry a passenger? |
|
A: |
Many single seat glider owners
loan their gliders to others from
time to time. This permissive user
pilot is considered a passenger
should he/she become injured while
operating the aircraft. If the permissive
user is hurt, and they allege and
can prove their injuries resulted
from being provided a faulty glider
to fly, they are apt to sue the
owner for their injuries. The insurance
carrier would pay nothing unless
passenger bodily injury liability
was purchased. Without passenger
liability the owner would have no
coverage.
Also, many single seat glider owners
rent or borrow gliders with more
than one seat to take friends or
family up for a ride. The non-owned
aircraft liability coverage on their
policy is what would apply to the
injury to a passenger in a multiple
seat glider. If no passenger liability
was taken on the owned glider none
would be available during the operation
of a non-owned glider either. Over
65% of the single seat glider owners
in the SSA Group Program take passenger
liability for the above reasons.
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*** And now a question for you: |
|
Q: |
During your landing roll a person
wanting a more dramatic picture
gets close to the runway. You are
pushed in their direction by a sudden
cross wind and the shutter-bug is
clipped by the wing. They are injured
to the tune of $300,000 plus $200,000
for pain and suffering. How much
would your insurance carrier pay
if your limit of liability was:
1. $1,000,000 limiting each passenger
to $100,000?
2. $1,000,000 limiting each person
to $100,000? |
|
A: |
click Here
for Answers |
|
Q: |
Does the group program's aircraft
liability policy have a family restriction
in it? |
|
A: |
No. Some insurers' policies
reduce the bodily injury liability
limit to $25,000 for suits resulting
from negligent injury to a spouse
and $12,500 for a negligent injury
to a parent or child. The program's
policies have no such reductions. |
|
Q: |
If I injure myself while operating
my own glider can I claim my medical
bills under my liability coverage? |
|
A: |
No, liability coverage applies
to bodily injury to others as well
as damage to the property of others.
But your policy does include minor
medical expense coverage under which
you can claim your own medical bills.
The SSA plan includes $1,000 medical
expense coverage at no charge with
slightly higher limits available
for a premium charge.
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Airport Insurance |
|
Q: |
My club or commercial operation
leases space on an airport. The
airport owner is requiring us to
carry Airport Premises Liability
Insurance. Is this coverage available
through the SSA Group Insurance
Plan? |
|
A: |
Yes |
|
Q: |
What limit of liability is available? |
|
A: |
The most common limit available
through the SSA Program is $1,000,000
combined single limit of bodily
injury and property damage per occurrence.
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Claims |
|
Q: |
When must the named insured
give notice of a loss to the insurer? |
|
A: |
As soon as practicable. |
|
Q: |
What should I do if I'm insured
in the group plan and have an accident? |
|
A: |
If the loss involves bodily injury
seek medical treatment ASAP. Then
report the claim to Costello Insurance.
If a hull loss:
- Move the glider to a safe
place. Don't let it be a hazard
to someone else or expose it
to further damage.
- Report the loss as soon
as possible to Costello Insurance
prior to repairs. If not insured
in the group program, report
the loss to your agent or carrier.
- Costello will report the
loss to the carrier who will
assign an adjuster to work with
you.
- Take pictures of the damaged
areas.
- Reporting a loss after repairs
are completed could jeopardize
coverage. If the loss turns
out to be small the claim can
be retracted and no claims free
credits built up over the years
will be lost.
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|
Q: |
What if the loss occurs on a
weekend and my broker's office is
closed? |
|
A: |
Regardless of the carrier or
broker, most will be closed on the
weekends. Report the loss on Monday.
In the mean time, take common sense
steps to care for those injured
and prevent further damage to the
aircraft. Take photos of the aircraft
and the accident site. Gather information
pertaining to the probable cause,
pilots, injured parties, and witnesses. |
|
Q: |
If the loss is adjusted by the
insurance carrier, why do I need
a broker? |
|
A: |
Regardless of the carrier involved,
most claims go smoothly. In spite
of the common rumor, carriers don't
look for any way possible to avoid
paying claims. On rare occasions
there are misunderstandings resulting
from communication problems. The
broker, who is experienced with
the system, can assist the insured
in expressing their point of view.
Without the broker the insured would
be on their own. |
|
Q: |
Do insurance contracts set time
limits on when a proof of loss must
be given an insurance carrier? |
|
A: |
Yes. Some carriers require a
proof of loss to be submitted within
60 days, 90 days, or 120 days. Each
carrier and contract differs. A
written proof of loss is required
within 60 days of the accident to
the insurer for the SSA Program
unless the time is extended by the
company. |
|
Q: |
What can happen if the carrier
is not notified in a timely fashion
and the proof of loss paperwork
is not submitted within the required
time period? |
|
A: |
It can jeopardize the settlement
of the claim. Some years ago our
agency arranged insurance on a Cessna
421. The aircraft sustained a bird
strike which did minor damage to
two windshields. The client did
not report the claim to the carrier
till nine months later. The cost
of replacement windshields went
up significantly from the date of
the loss to the date the claim was
finally reported. The carrier paid
only what they would have paid when
the loss occurred and the client
had to pay the difference. Actually,
the carrier could have denied the
claim in total. We strongly suggest
reporting any loss as soon as practicable.
The claim can be retracted later
if desired.
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Direct CFIG Supervision
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|
Q: |
What do insurance carriers mean
when they say coverage will not
apply to aircraft losses where a
student pilot was operating the
aircraft unless the student was
under the direct supervision of
a certified flight instructor? |
|
A: |
In addition to having a student
pilot's certificate and appropriate
signoffs for the flight involved,
insurance carriers want students
going on solo flights to be under
the direct supervision of a certified
flight instructor. Generally that
means a CFI must have evaluated
the student, the aircraft, the airport
conditions, and the intended flight
just prior to departure. To do that
the CFI must be on site, not at
home, not at work, and not flying
above the airport.
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Engine Teardown Coverage for Tow
Planes |
|
Q: |
With respect to tow planes,
what happens if I have a prop strike? |
|
A: |
Not all losses with tow planes
are crashes. Many involve sudden
stoppage of the prop as a result
of hitting something during the
landing roll or while taxiing when
the power is nearly off. Yet the
mechanic suggests the engine be
torn down and inspected for internal
damage. Sometimes no damage is found
and the insured is left with a bill
for the teardown of the engine.
Some carriers will pay nothing in
this situation. Others might pay
a portion of the bill. Provided
the insured has taken hull coverage,
the carrier for the SSA plan will
typically pay the bill less the
applicable deductible or any betterment.
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Expense Reimbursement |
|
Q: |
What can I charge my passenger
under my pleasure insurance policy
through the SSA Insurance program? |
|
A: |
The policy says no charges for
hire, money, reward, or any form
of compensation is approved. Being
reimbursed for or sharing the direct
operating expenses of a flight,
including launching fees, if the
sum of these expenses does not result
in a profit is not excluded.
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Insurable Interest, why is it needed |
|
Q: |
Why do I need to have an insurable
interest in order to take out an
insurance policy? |
|
A: |
A policyholder without an insurable
interest would have an incentive
to help the loss along, so as to
reap a profit from the policy proceeds.
An example of this could be someone
other than the aircraft owner purchasing
an insurance policy with hull coverage
on the aircraft, then destroying
it to collect the value the plane
was insured for. |
|
Q: |
Can you supply some additional
examples? |
|
A: |
Yes.
- Suppose you like your neighbor's
house a great deal, so much
so that you put a $100,000 fire
policy on it. Two weeks later
the house burns down. The carrier's
adjuster asks the following
questions:
- Do you have an ownership
interest in that house?
You answer, "No".
- Do you have a lease
that gives you care, custody
and control of the house
and makes you responsible
for the house? You answer,
"No".
Start to see the problem?
- Mr. Smith puts some earnest
money down on a home and prematurely
purchases a homeowners policy.
The house burns down prior to
the closing date. Mr. Smith's
homeowner's policy will not
pay because he did not suffer
a financial loss---he still
doesn't own the home.
- Fred buys a car from a private
owner. He writes a check, obtains
a bill of sale, and then has
a fender-bender on the way home.
He was smart enough to call
his agent and have the car added
to his insurance policy prior
to driving away with it. The
claims adjuster runs a title
search on the car. He learns
the seller was not the registered
owner---the car had been stolen.
Fred had purchased a stolen
vehicle! He did not legally
own the car. The bill of sale
was worthless, as was the insurance.
In all these cases the adjuster
would say, "Sorry, the Named Insured
listed on the policy has no insurable
interest in the insured property.
Therefore we have no reason to pay
your claim." Ownership or lease
agreements are the typical methods
one can use to establish an insurable
interest in property.
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Insurance Carrier Strength |
|
Q: |
How strong is the group plan's
current insurance carrier? |
|
A: |
Very, very strong.
We have never had a company as strong
as AIG Aviation, Inc. AIG is rated
by A.M. BEST, an independent company
that ranks insurance companies by
the quality of their management
and financial strength, as A+15.
This is a very strong rating. The
lowest rating is F1. Another plus
to working with AIG is their location.
Both Costello Insurance and AIG
Aviation are in the Phoenix, Arizona
area. Important matters can be handled
face to face if necessary.
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Non-Owned Aircraft Liability Insurance
aka Renter Pilot Liability Coverage |
|
Q: |
Why purchase non-ownership coverage
and what should I look for in a
policy? |
|
A: |
Non-ownership or renter pilot
liability insurance is needed by
anyone who may rent or borrow non-owned
gliders. The pilot can be held accountable
for the bodily injury or property
damage they cause with the glider,
and is responsible to the glider
owner or their insurance company
for the damage they negligently
cause to the glider being used.
Non-ownership policies provide free
defense coverage in addition to
liability limits. Unlike most policies
on the market, the group plan extends
coverage to the operation of experimentals
as well as those gliders with standard
airworthiness certificates. Also,
our liability coverage limits just
the passenger, not every person,
to $100,000. |
|
Q: |
As a commercial operator, is
it of benefit to my renter pilots
to suggest they carry non-ownership
hull and liability insurance? |
|
A: |
Yes. Most commercial operator's
policies, regardless of the carrier
they are with, provide little or
no liability coverage to the renter
pilots. (Some coverage is available
through the SSA program). Should
the renter hit someone or do property
damage they should have their own
insurance.
Also, if they negligently damage
the hull of the rented glider they
may have to reimburse the FBO for
their deductible and loss of use
of the glider. There is also the
potential of having to reimburse
the insurance company for what they
paid the FBO.
Caution to commercial operators
- non-ownership policies only pay
if the renter was negligent. We
see many weather and ground handling
losses yearly that have nothing
to do with the renter pilot. Without
hull insurance the FBO would not
have insurance for these losses.
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Pilot Information |
|
Q: |
How are pilots approved in an
insurance policy? |
|
A: |
Pilots are generally reflected
in aviation insurance contracts
in the following ways:
-
No approved pilots. This
method is used when no flight
coverage is provided.
-
Named pilots only. While
the aircraft is in flight, only
those pilots specifically named
in the pilot section of the
insurance contract are approved
to operate the aircraft. Non-named
pilots causing a loss would
void coverage.
-
Open Pilot Warranty.
While the aircraft is in flight,
unnamed pilots meeting a set
of requirements in every way
can operate the aircraft without
voiding coverage. A typical
open pilot warranty for a retractable
geared single engine aircraft
like a Cessna 210 would be Private
pilot or better with an instrument
rating having at least 1,000
logged pilot in command hours
of which at least 150 hours
were in retractable geared aircraft,
of which at least 25 hours were
in the make and model being
insured. If the pilot operating
the aircraft at the time of
the loss did not meet the open
pilot warranty, coverage would
be voided.
-
Combination named pilot and
open pilot warranty:
While the aircraft is in flight
the pilot must either be specifically
named or meet the criteria of
the open pilot warranty in every
way for coverage to apply.
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Program Benefits |
|
Q: |
How does the SSA Program differ
from insurance I can buy elsewhere? |
|
A: |
The most important answer is
availability. There was a time when
clubs, commercial operators, and
even some individual glider owners
found it difficult to acquire aviation
insurance. To get an insurance carrier
interested in providing coverage,
the SSA had to offer them a homogenous
group of clients. A group that could
eventually become large enough to
sustain its own losses, cover the
carrier's expenses, and even provide
a little profit. Without the support
of its members the SSA program would
not exist, and coverage for clubs
and commercial operators would be
expensive and difficult to acquire.
If the clubs and commercial operators
were not around, where would the
individual glider owners get their
tows? Where would people learn to
soar? Without the group plan insurance
availability would become more of
a problem than it is now and the
services now taken for granted would
be hard to come by.
Additional benefits come in the
form of rate reductions and reducing
deductibles for being claims free,
the ability to shift from ground
and flight coverage to ground only
for a rate reduction, and a contract
of insurance designed for glider
operations that is unique to the
insurance industry, just to name
a few.
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Return of unused premiums |
|
Q: |
I had a glider insured outside
the program. When I sold it I cancelled
my policy mid term. The return premium
was not as much as I expected. When
asked why, the company said they
were entitled to cancel the policy
"short rate" and retain some premium
to cover their processing costs.
Does the group plan handle mid term
cancellations the same way? |
|
A: |
No. We return the premium on
a prorate basis even if the customer
cancelled the policy due to a total
loss. The difference between a pro
and short rate cancellation is 8
to 10% with more being returned
on a prorated basis. We believe
this to be another feature unique
to the group plan.
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Storage, Lay-up, or Ground Only
Coverage |
|
Q: |
I live in a part of the country
where soaring is not possible year
round. Do all carriers insuring
gliders provide a rate reduction
while my glider is in storage? |
|
A: |
No, but the SSA Group plan does.
The criterion for storage credit
is the aircraft must not be flown
for a minimum of 90 consecutive
days and we must be advised in advance.
The glider must be insured for both
hull and liability coverage. |
|
Q: |
Under the SSA plan for storage,
is the hull of the aircraft covered
during the storage period? |
|
A: |
Yes, the hull is covered during
storage while parked or moving in
a trailer. No coverage whatsoever
applies if the loss is due to a
flight operation during the storage
period. |
|
Q: |
Do I have to wait till the end
of the policy period to receive
the credit off my rates for storage? |
|
A: |
No. The rate credit is usually
received within 30 days of our being
asked to modify the policy. Typically,
however, the client gives us their
storage dates at the beginning of
the policy period so the credit
can be applied up front.
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Territories Approved |
|
Q: |
Under a pleasure policy issued
through the SSA Group Insurance
program where can I operate my glider
and have coverage? |
|
A: |
The approved territory is within
the political boundaries of the
United States of America, Mexico,
Central America, Canada, the islands
of the West Indies (excluding Cuba),
and while enroute between places
therein. Remember to check your
individual policy for changes.
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Trailer Coverage |
|
Q: |
If my glider is a total loss
in a flight accident, does my trailer
become a part of the salvage? |
|
A: |
No, if only your glider is damaged
in the incident, the trailer remains
your property and is not a part
of the salvage following the claim. |
|
Q: |
If I get in an auto accident
while towing my glider on the highway,
does my glider policy provide liability
coverage for damage to other people's
property (such as another car) or
bodily injury to others? |
|
A: |
No, the liability coverage included
on your glider policy applies to
the operation of your glider. If
you should negligently injure someone
or do property damage while auto
towing your trailer, you would contact
your auto insurance agent to check
for liability coverage that might
apply while you are towing a trailer. |
|
Q: |
I have the option to insure
my trailer physical damage either
on my glider policy or on my auto
policy. Which is the better way
to insure the trailer? |
|
A: |
Your SSA plan trailer physical
damage coverage would be provided
on an "agreed value" basis. Coverage
provided by your auto insurance
for the trailer physical damage
would be on an "actual cash value"
basis, which would factor in depreciation
for age of the trailer at the time
of the loss. Agreed value coverage
is broader than actual cash value
coverage. |
|
Q: |
Is there a deductible for trailer
losses? |
|
A: |
Yes; $100.
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Types of Clients |
|
Q: |
What type of clients can obtain
insurance through the SSA Group
Hull and Liability insurance program? |
|
A: |
The primary eligibility criteria
for insurance through the SSA Program
is the client must be a member of
the Soaring Society of America.
After all, it is a group plan.
Insurance is made available to:
- Those who own gliders and
use them for their own pleasure.
- Those who do not own gliders
but simply rent or borrow. The
non-owner.
- Glider flying clubs.
- Glider commercial operators.
- Those who own or rent space
on a glider port.
- Glider repair stations.
- Glider Sales
|
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Uses Approved |
|
Q: |
What are the approved uses for
the operation of gliders and tow
planes in the SSA Group Insurance
Program? |
|
A: |
With
respects the operation of gliders---
- Ground Storage. No flight
coverage provided. Losses during
trailering, moving on the ground
except for take off or landing
rolls, and while parked are
approved.
- Pleasure & Competition.
The glider may be used non-commercially.
- Flying Club. The aircraft
may be operated by members of
the insured flying club who
meet the minimums as set forth
in the pilot clause of the contract
only.
- Limited Commercial. The
glider may be used for instruction
and or rental for hire. Those
renting the aircraft may not
use it commercially.
With
respect to tow planes---
- Ground storage. No flight
coverage. Losses while the tow
plane is on the ground except
for the take off or landing
roll would be covered.
- Pleasure and glider tow
not for hire. This is the typical
use a flying club would buy
for their tow plane. They may
tow any glider but can only
charge a tow fee to their club
members.
- Pleasure and glider tow
for hire. This is the typical
use a commercial tow operation
would buy. They may tow any
glider and charge for it.
|
|
Q: |
I would like to learn to fly
cross country and participate in
glider contests. Do I need to change
my insurance policy to factor in
those uses? |
|
A: |
No, the SSA plan policy already
includes coverage for using gliders
in cross country or competition
flights.
|
| |
General Aviation Insurance Definitions
|
|
Actual Cash Value
|
|
Q: |
With respect to
settling a hull loss, how is
actual cash value defined? |
|
A: |
The amount equal to the replacement
cost of the loss or damaged property
at the time of the loss, less depreciation.
|
| |
|
Agent |
|
Q: |
How would an insurance agent
be described? |
|
A: |
An insurance agent is a person
representing the insurer to a client.
They are the company's representative.
A broker represents the client to
the carrier. A broker is the client's
representative.
|
| |
|
Agreed Value
|
|
Q: |
With respect to settling a hull
loss, how is agreed value
defined? |
|
A: |
At the inception of the policy
the insured and carrier agree what
the carrier will pay, less any applicable
deductible, should the aircraft
be a total loss. No depreciation
is applied.
|
| |
|
Broker |
|
Q: |
How would an insurance broker
be described? |
|
A: |
An insurance broker represents
the client to the carrier. A broker
is the client's representative.
An insurance agent is the carrier's
representative.
|
| |
|
Deductible |
|
Q: |
How is deductible defined? |
|
A: |
The amount of money the insured
is responsible for paying in the
event of a loss before the insurance
company will begin to pay. |
|
Q: |
Can I take a higher deductible
for a lesser premium? |
|
A: |
No. The carrier is not interested
in offering higher deductible options.
As a benefit of the SSA program
the deductibles start at $100 and
reduce at a rate of $10 each year
that you renew the policy without
a gap in coverage or a claim. |
|
Q: |
If I insure my trailer for physical
damage what will the deductible
be? |
|
A: |
$100. It does not go up or down.
|
| |
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Insurable Interest
|
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Q: |
What is insurable interest? |
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A: |
According to Robert Mehr
and Emerson Cammack in their book
"Principles of Insurance", an insurable
interest is an interest of such
nature that, should the event insured
against take place, the insured
might suffer a financial loss. If
the happening of the event insured
against cannot cost the insured
money, then he has no insurable
interest in it".
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Insurance |
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Q: |
What is insurance? |
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A: |
Insurance is a system in which
a risk of loss is transferred by
a person, business, or organization
to an insurance company for a premium
charge.
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Insured |
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Q: |
What is the definition of insured? |
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A: |
An insured is a person, business,
or organization that is covered
by an insurance policy. With respect
to the liability section of an aviation
insurance policy the unqualified
word "insured" includes not only
the named insured but also any person
while using or riding in the insured
aircraft and any person or organization
legally responsible for its use,
provided the actual use is with
the permission of the named insured
and provided they are not excluded
in the contract of insurance.
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Insurer |
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Q: |
What is an insurer? |
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A: |
An insurer is the entity backing
the insurance contract. They may
also be referred to as the underwriter,
carrier or insurance company. |
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Q: |
What are the most common types
of insurers? |
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A: |
The most common types of insurers
are the Direct Writers and the
Indirect Writers.
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Q: |
What is a Direct Writer? |
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A: |
When using a direct writer the
client contacts the insurance company
direct for everything. No independent
agent or broker is involved. |
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Q: |
What is an Indirect Writer? |
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A: |
It is an insurance carrier that
is accessed by the insured through
independent agents or brokers. The
client does not contact this carrier
directly.
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Liability |
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Q: |
With respect to insurance how
is liability defined? |
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A: |
Legal responsibility for injuring
another person or damaging the property
of another.
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Loss Payee
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Q: |
What is a loss payee and how
will an insurer protect their interest? |
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A: |
A person or entity that has
an interest in the property being
insured. Typically they have provided
the insured a loan and the insured
property is used as collateral.
The insurer, if made known of their
existence, will include them under
the insurance for the property as
their interest may appear, i.e.,
if there is a lien against an aircraft
the lienholder (also known as the
loss payee) will be listed on the
claim check along with the Named
Insured of the policy.
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Named Insured
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Q: |
What is a named insured? |
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A: |
Typically the policyholder.
It may be an individual, a partnership,
corporation, or an association.
All the provisions of an insurance
policy apply to a named insured.
Only the named insured can order
changes to a policy.
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Negligence |
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Q: |
How is negligence defined? |
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A: |
Negligence is generally defined
as the failure to use ordinary care.
A person fails to use ordinary care
if he/she does something that a
person of ordinary prudence would
not have done under the same or
similar circumstances. Failure to
use ordinary care can also occur
by omission, or failing to do something
which a person of ordinary prudence
would have done under the same or
similar circumstances. Negligence,
then, is a judgment of both acts
and omissions.
An example of a person not using
ordinary care in the course of causing
a loss would be a pilot improperly
hooking up a control surface the
consequence of which is a crash
during take off resulting in injury
to people on the ground.
An example of an occurrence by omission
would be failing to put enough gas
in the aircraft for the intended
flight which results in a crash
causing bodily injury or property
damage to others.
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Subrogation |
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Q: |
What does subrogation mean and
how is it applied? |
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A: |
The insured aircraft is negligently
damaged by another party. The carrier
pays the named insured for the repair
costs to the aircraft. The named
insured's rights against the negligent
party shift to the insurance carrier
who then has the option to attempt
to recoup the money they spent on
the client from the person or entity
that negligently caused the loss.
This is an example of subrogation.
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