Transcript Polish Aviation Law Act

Aviation Liability and Insurance in Poland
International Air Law Conference
85 Anniversary of Warsaw Convention
Warsaw, 24.10.14
PZU SA
1. PZU SA Overview
1.1 Brief description of the PZU Group
1.2 Polish Insurance Market
2. Aviation Liability and Insurance in Poland
2.1 Montreal Convention
2.2 The European Union
2.3 Polish Aviation Law Act
2.4 Regulation item 67 from 2013
2.5 Ariel Form
2.6 Regulation item 1123 from 2012
2.7 General terms and conditions of Aviation Insurance
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PZU Group
• Founded in 1803
• Gross written premium* of 8,483 m PLN /~1,998 m EUR
• Net profit* of 1,720 m PLN /~ 407 m EUR
• S&P rating: A / stable
*H1 2014
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PZU’s market share (non-life insurance)
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Polish Insurance Market
SECTION II: Other personal insurance and property
insurance
Class 11: Third party liability insurance of any type, arising
out of the possession and use of aircraft, including
insurance of carrier's liability.
COMPENSA TU S.A. Vienna Insurance Group
STU ERGO HESTIA SA
GENERALI T.U. S.A.
PZU SA
TUiR WARTA S.A.
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Montreal Convention 1999
Article 50 - Insurance
the requirement for carriers to maintain adequate
insurance covering their liability under that Convention
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The European Union
Regulation EEC No 2407/92 on licensing of air carriers
Regulation EC No 785/2004 on insurance requirements
for air carriers and aircraft operators
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Polish Aviation Law Act
Polish Aviation Law Act – amendment from 2011,
article 209.
Third party insurance is requested for:
• air carriers,
• users of an aircraft,
• entrepreneurs providing ground support service,
• institutions providing air navigation services.
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Polish Aviation Law Act
• The amendments introduce an obligationof third party liability
insurance for damages caused by delay.
• The minimum insurance cover in respect of liability for
passengers, baggage and cargo (non-commercial operations by
aircraft with a MTOM of 2 700 kg or less: 785/2004: 250 000
SDR; Poland: 100 000 SDR).
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Regulation item 67
• Issued by the Finanse Minister
• Since 16.01.2013
• The obligatory third party insurance of air carriers,
entrepreneurs providing ground support service and
institutions providing air navigation services.
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Regulation item 67
The regulation determines the detailed scope of the obligatory
third party liability insurance for:
• air carriers for damages caused by delay in carriage of
passengers, baggage and cargo,
• air carriers for damages caused by delay in air carriage of mail,
• entrepreneurs providing ground support services for damages
inflicted in connection with the aviation activity conducted,
• institutions ensuring air navigation services for damages
inflicted in connection with the aviation activity conducted.
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Regulation item 67
• The coverage for damages caused by action or omission of the
insured in the insurance term.
• The minimum guaranteed sum (on the example of air carriers
for damages caused by delay in carriage of passengers,
baggage and cargo):
SDR 4,694 per each passenger – delay in carriage of passengers;
SDR 1,131 per each passenger – delay in carriage of baggage;
SDR 19 per each kilogram of cargo – delay in carriage of cargo.
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Regulation item 67
The following damages are not covered:
• consisting in paying contractual penalties,
• inflicted as a result of an action or omission after expiry,
withdrawal or suspension of the license,
• caused by the fault of the sender or addressee,
• resulting from a hidden defect or natural properties of
the mail.
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ARIEL Form
Airport Owners and Operators liability
• Section 1 – Premises liability
• Section 2 – Hangarkeepers liability
• Section 3 – Product liability
• Additional /Standard Aviation Clauses
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Regulation item 1123
• Issued by the Finanse Minister
• Since 12.10.2012
• The obligatory third party liability insurance of
entrepreneurs applying for conclusion of an agreement
on conduct of civil aviation security activity in airports.
• Cover for persons whom the insured uses to perform the
civil aviation security activities in airports.
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Regulation item 1123
The following damages are not covered:
• after withdrawal of the license,
• resulting from war, civil commotion, riot, terrorism,
• nuclear or related damages,
• caused by asbestos,
• consisting in paying contractual penalties,
• inflicted by the insured to its employees.
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Regulation item 1123
The minimum guaranteed sum amounts to the PLN
equivalent of SDR 5,000 per each 1,000 passengers
handled or 100,000 kg of goods and mail handled in the
year preceding the conclusion of the insurance agreement.
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General terms and conditions of
AVIATION INSURANCE
• Aircraft hull insurance
• Third party liability insurance of a user
• Third party liability insurance of a carrier
• Third party liability of a carrier with respect to
transporting cargo
• Consequences of personal accidents of the crew
members (PA)
• Personal effects of the crew members
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General terms and conditions of
AVIATION INSURANCE
exclusions (examples)
• War, social unrest, civil war, revolution, strikes or a
state of emergency;
• Terrorist or sabotage action or hi-jacking of the aircraft
• Polution of the natural environment
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Thank you!
Contact Details:
PZU
Al. Jana Pawła II 24
00-133 Warsaw, Poland
Corporate Clients Department
Tomasz Suska
[email protected]
Tel.: (+48 22) 582 26 11
www.pzu.pl
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