The Possibility of Submitting Applications for Aviation Insurance | JD Supra

Hundreds of aircraft crashes in Russia, written records by less than 100 people and pending lawsuits if such a loss does not occur due to all-out threats or all-out war are well-documented. Another question we’ve been asked recently is whether anyone can find these claims. The potential of the Russian aviation insurance policy market is highly dependent on the jurisdictions, legal systems involved and how they will be distributed. Some commonwealth areas (including Ireland and the UK) have antiquated safety and maintenance laws that can be difficult to navigate. Some jurisdictions, including a number of US states, allow parties in litigation to sell their claims to a disaffected party.

The questions that need to be answered are (a) where the claim must be brought and (b) what law governs the claim. Most casualty insurance policies are written from London so, in the absence of an agreement to provide jurisdiction elsewhere, it would be expected that London insurance claims would be brought in the English courts. Fortunately, however, we know that some Irish borrowers were able to agree in their insurance contracts that claims under their policies could also be brought in Irish courts. Similarly, although most insurance contracts with London-based insurers are governed by the laws of England & Wales, some are governed by the laws of Ireland and others include differences between the governing law (Ireland) and the forum of choice (England).

The simplest form of analysis involves a lawsuit brought against an insurance company in a US state that is subject to a settlement (such as California) under a contract governed by California law. In the absence of an unusual appearance, such a claim must be made voluntarily by the claimant. At the other end, claims brought to the Irish courts in our opinion cannot be divided and attempts to achieve the same result through discretion (for example, transferring the name of the airline, selling the owner of the airline, issuing. an instrument related to the success of the litigation) can be followed by Irish law. and repair and make it undamaged.

Filing a claim before the English courts may be possible but not without difficulties, and therefore requires careful consideration of the facts in question and their structure. The most important thing would be the governing law of the insurance contract and the opinions of the courts that authority is based on the distribution of claims. Although the governing law does not prohibit it, we need to see which entity has the interest, who pays the license fee on the insurance certificate and whether any wording of the insurance contract prohibits the filing of complaints.

In short, whether it is possible to allocate the right to claim insurance for failure to pay the dangerous or dangerous war insurance related to the aircraft that crashed in Russia will depend on several factors but the first. The question to ask is which powers are at play. We expect that most insurance claims will be based around the laws of England & Wales, Ireland and several US states and will be filed in those jurisdictions. We know people who are interested in getting these claims but first the facts need to be reviewed to make sure it is possible.