Prime Aviation Opinion Aviation Insurance Minimum Requirements (By State, from West Coast to East Coast)

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1 Prime Aviation Opinion Aviation Insurance Minimum Requirements (By State, from West Coast to East Coast) The following chart shows the statutory and regulatory minimum liability insurance requirements established in various states for private aircraft. Most states do not have statutory or regulatory requirements for liability insurance coverage for private aircraft. Some of the states that do require such insurance require different levels of coverage for passengers and for non-passengers. Some states only require coverage for nonpassengers. Many states that don't require insurance for private aircraft do require persons or entities who provide aircraft for rental to disclose what insurance (if any) is in effect. Beyond the scope of private aircraft, many states have separate statutes or regulations that govern commercial aviation operations, some specifically targeted to aerial pesticide applicators or aerial emergency services. Alabama No minimum requirements. See generally, Title 4 Aviation, Title 27 Insurance, and Title 37 Public Utilities and Public Transportation. Alaska No minimum requirements for private aircraft. However, Alaska Stat (2004) authorizes the department to create regulations requiring insurance. See generally, Alaska Statutes, Title 2 Aeronautics, and Title 21 Arizona Arkansas California No minimum requirements found for strictly personal aircraft. However, A.R.S (2004) requires that "[a] person who rents an aircraft to another person shall... Deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against either: (a) Loss of or damage to the hull of the aircraft. (b) Liability arising out of the ownership, maintenance or use of the aircraft. See also Arizona Administrative Code, Regulation R No minimum requirements found. See generally, Title 27 Transportation. Cal Pub Util Code (2004) Req's for effective policy or bond 3rd party coverage for bodily injury to or death of a person not a passenger, a policy or bond of not less than $ 50,000 for bodily injury / death of 1 person in any accident $ $100,000 for bodily injury / death of 2 or more persons in any 1 accident. $ 50,000 for damage to or destruction of property in any one accident (except property carried in/on the aircraft or used by / in care or control of owner/operator.) No coverage required for employees or passengers or guests. 1

2 Colorado No minimum requirements found. See generally, Title 10 Insurance, Title 41 Aeronautics, and Title 43 Transportation. Connecticut Conn., continued: Delaware Conn. Gen. Stat (2003) requires that aircraft owners/operators post a security bond following any accident report. If the owner/operator carries insurance with these minimum limits, no post-accident bond is required. The minimum limits for either the policy or the post-accident bond are: $10,000 for bodily injury or death of one person for non-passengers, $20,000 for bodily injury or death of three or more persons per accident. For passengers, the minimum limits are $20,000 for bodily injury or death of one person and $20,000 x 3/4 the # of passenger seats for 2 or more persons and... If the aircraft was not being operated for hire, the minimum limits are $10,000 for bodily injury/death of one person, and $10,000 x the #of passenger seats for 2 or more persons, and For property damage, the policy or bond must provide at least $10,000 for property damage (except for property owned by the owner/operator or carried in/on the aircraft). Conn. Gen. Stat (2003). No minimum requirements found. However, 2 Del. C. 191 (2004) requires that "[a]ll contracts for flight instruction and/or the rental or leasing of aircraft in the State shall contain a written statement notifying the student, renter, lessee or bailee of the extent of insurance coverage applicable to the lessor and lessee. The student, renter, lessee or bailee shall sign such statement to signify that he/she is aware of the extent of such insurance coverage." See generally, Title 2 Transportation, Title 18 Florida No minimum requirements found. See generally, Title 25 Aviation, Title 37 Georgia No minimum requirements found. See generally, Title 6 Aviation, Title 33 Hawaii Idaho Illinois Iowa No minimum requirements found. No minimum requirements found. See generally, Title 21 Aeronautics and Title 41 No minimum requirements found. See generally, Chapter 215 Insurance and Chapter 620 Air Transportation. No minimum requirements found. Kansas No minimum requirements found. See generally, Title 3 Aircraft and Title 40 2

3 Kentucky Louisiana Maine Maryland Mass. No minimum requirements found. See generally, Title XV Roads, Waterways, & Aviation. No minimum requirements found. See generally, Title 2 Aeronautics, Title 22 No minimum requirements found. See generally, Title 6 Aeronautics, Title 24 Insurance, and Title 24A Maine Insurance Code. Md. TRANSPORTATION Code Ann (2003) requires the owner of any aircraft based or hangared in Maryland to have liability insurance in force if the use of the aircraft " involves remuneration to the owner, including but not limited to leasing, rental, and use for instructional purposes." The policy must cover both passengers and non-passengers of at least: $ 50,000 bodily injury per individual; $ 100,000 bodily injury per accident; and $ 50,000 property damage protection. ALM GL ch. 90, 49D (2004) requires that aircraft owners/operators post a security bond following any accident report. If the owner/operator carries insurance with these minimum limits, no post-accident bond is required. The minimum limits for either the policy or the post-accident bond are: $5,000 for bodily injury or death of one person for non-passengers, $10,000 for bodily injury or death of three or more persons per accident. For passengers, the minimum limits are $10,000 for bodily injury or death of one person and $10,000 x 3/4 the # of passenger seats for 2 or more persons and If the aircraft was not being operated for hire, the minimum limits are $5,000 for bodily injury/death of one person, and $5,000 x the #of passenger seats for 2 or more persons, and For property damage, the policy or bond must provide at least $5,000 for property damage (except for property owned by the owner/operator or carried in/on the aircraft). ALM GL ch. 90, 49E (2004). 3

4 Minnesota Minn. Stat (2004) requires owners/operators of aircraft to carry liability insurance. Minn. Stat specifies that the minimum limits of liability coverage are: $ 25,000 per passenger seat liability both for bodily injury, death and property damage; $ 25,000 for bodily injury or death to each nonpassenger in any one accident; and $ 50,000 per occurrence for bodily injury or death to nonpassengers in any one accident. Minn. Stat (2004) authorizes the commissioner of transportation to establish insurance standards specifically for seaplanes in areas where their use is essential. Mississippi No minimum requirements found. See generally, Title 61 Aviation, Title 83 Missouri Montana Nebraska Nevada New Mexico No minimum requirements found. See generally, Title 19 Motor Vehicles, Watercraft, & Aviation. No minimum requirements found. MCA requires that commercial air operators carry liability insurance. MCA grants the Department of Aeronautics authority to set minimum limits for liability insurance required. However, a review of the Administrative regulations shows that the specific liability insurance coverage requirements that were previously in place have been repealed. No minimum requirements found. See generally, Title 3 Aeronautics and Title 44 However, R.R.S. Neb (2004) requires disclosure of insurance coverage, if any, to persons renting aircraft. No minimum requirements found. See generally, Title 44 Aeronautics, Title 57 No minimum requirements found. See generally, Title 59A Insurance Code and Title 64 Aeronautics. New York No minimum requirements found. However, NY CLS Gen Bus 251-a (2004) requires notice of insurance coverage (if any) in aircraft rental agreements. New Jersey No minimum requirements found. See generally, Title 6 Aviation, Title 17B 4

5 New Hampshire North Carolina North Dakota No minimum requirements found. However, N.H. Admin. Rules, Tra-A (2004) requires notice of insurance coverage for flight training, stating whether or not insurance coverage is in effect, and if so, the nature of the coverage. See generally, New Hampshire Revised Statutes, Title XX Transportation, Title XXXVII Insurance, and Title XXXIX Aeronautics. No minimum requirements found. See generally, Title 58 Insurance, Title 63 Aeronautics. No minimum requirements found. See generally, Title 2 Aeronautics and Title 26.1 Insurance except the following: N.D. Cent. Code, (2003) requires that "[a]n owner of an aircraft or aircraft component manufactured in this state shall provide proof of financial responsibility in the amount of one hundred thousand dollars, per occurrence, for property damage and personal injury or death on the ground resulting from the use of the aircraft or aircraft component." Ohio No minimum requirements found. However, ORC Ann (2005) requires anyone who rents an aircraft to another person "shall deliver to the renter a written notice stating the nature and extent of insurance coverage provided, if any, for the renter against loss of or damage to the hull of the aircraft, or against liability arising out of the ownership, maintenance, or use of the aircraft." See generally, Title 39 Insurance, Title 45 Motor Vehicles-- Aeronautics--Watercraft. Oklahoma No minimum requirements found. See generally, Title 3 Aircraft, Title 36 Insurance and Administrative Code. However, persons who provide aircraft for rent are required by 3 Okl. St. 205 (2004) to provide insurance information to renters of the aircraft regarding the insurance coverage, if any, provided. Also, state-owned aircraft must be insured for at least $100,000 bodily injury liability, each person $300,000 each accident. $100,000 property damage liability, each accident. $10,000 medical expense 3 Okl. St. 201 (2004). Oregon Pennsylvania Puerto Rico Rhode Island No minimum requirements found. See generally, Title 62 Aviation and Title 56 (There is no "transportation" title). No minimum requirements found. See generally, Title 2 Aeronautics, Title 40 No minimum requirements found. See generally, Title 26 No minimum requirements found. See generally, Title 1 Aeronautics, Title 27 5

6 South Dakota No minimum requirements found. See generally, Title 50 Aviation, Title 58 South Carolina Tennessee Texas U.S. Virgin Islands S.C. Code Ann (2004) requires that aircraft owners/operators post a security bond following any accident report. If the owner/operator carries insurance with these minimum limits, no post-accident bond is required. The minimum limits for either the policy or the post-accident bond are: $100,000 for bodily injury or death of one person for non-passengers, $300,000 for bodily injury or death of three or more persons per accident. For passengers, the minimum limits are $75,000 for bodily injury or death of one person and $75,000 x 3/4 the # of passenger seats for 2 or more persons and $300,000 dollars in any one accident (per S.C. Coden Ann ). If the aircraft was not being operated for hire, the minimum limits are $100,000 for bodily injury/death of one person, and $100,000 x the #of passenger seats for 2 or more persons, and $300,000 in any one accident. For property damage, the policy or bond must provide at least $100,000 for property damage (except for property owned by the owner/operator or carried in/on the aircraft). No minimum requirements for private use of private aircraft. However, aircraft used for hire must have the following minimum coverage limits under Tenn. Comp. R. & Regs. R (2004) For passengers: $75,000 for bodily injury/death of any one person $75,000 x 75% the # of passenger seats for each occurrence. For non-passengers: $75,000 for bodily injury/death of any one person $300,000 for each occurrence. For property: $100,000 for each occurrence For cargo: $3,000. See also T.C.A. Section , Title 42 Aeronautics, Title 56 No minimum requirements found. See generally, Title 3 Aviation, Insurance Code, Administrative Code Title 28 Insurance and 43 Transportation. No minimum requirements found. See generally, Title 6 Aeronautics, Title 22 6

7 Utah Vermont Virginia UCA (5) & (6) requires, in order to obtain a landing permit in the state, minimum liability coverage of $50,000 personal injury or death of any one person, $100,000 for any one accident, and $50,000 for property damage. The division [of transportation] may also require a bond to be posted to indemnify the county or division against liability resulting from issuing the permit or license. No minimum requirements found. See generally, Title 5 Aeronautics. Va. Code Ann (2004) states that no aircraft (except a public aircraft) "shall be licensed by the Department unless and until the applicant thereof furnishes proof of financial responsibility in the amounts required by this chapter for each aircraft for which a license is applied for. The minimum limits specified in are: $ 50,000 for bodily injury/death of one person in any one accident, $ 100,000 for bodily injury/death of 2 or more persons in any 1accident, $ 25,000 property damage for any one accident; or a single limit policy in the sum of $ 250,000 for bodily injury and property damage in any one accident, including passenger liability of $ 50,000 per passenger seat. Additionally, Va. Code Ann (2004) requires "contract carriers" to maintain coverage of at least: $75,000 x 75% the # of passenger seats for bodily injury/ death $10,000 for cargo owned by others than the insured. "Contract carriers" are defined as those who, under special and individual contracts or agreements, and whether directly or by a lease or any other arrangement, transports passengers or property by aircraft for compensation and in the transportation of passengers does not charge individual fares. Va. Code Ann (2004) Washington West Virginia No minimum requirements found. See generally, Title 14 Aeronautics, Title 47 Public Hwys & Transportation, Title 48 Insurance, or Title 81 Transportation. No minimum requirements found. See generally, Title 33 Wisconsin No minimum requirements found. However, Wis. Stat (2004) requires disclosure of insurance (if any) to persons renting aircraft. Wyoming No minimum requirements found. See generally, Title 10 Aeronautics, Title 26 Insurance and regulations. 7

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