Post-Accident Life Cycle. The Role of Your Aviation Insurance and Lawyer

Transcription

1 Post-Accident Life Cycle The Role of Your Aviation Insurance and Lawyer

2 Agenda Welcome Who we are Response to an aircraft accident: the stages Incident The First 24 Hours Days 2-30 Days Day 365 and beyond Conclusion 2

3 The Broker An agent of the operator acts on behalf of the insured arranges appropriate insurance advises on insurance and liability facilitator Why do you need a broker? complex industry, huge risks/exposure complicated insurance market, customs, administration Policies can be difficult to understand! 3

4 Who did I pay my premiums to? The Company Underwriting Claims Actuarial The claims department Appoint and instruct service providers Adjusters Lawyers Experts Information and advice Broker Policy holder Internal and regulatory Set reserves Advice to underwriters and actuaries 4

5 When I paid my premiums what did I get? The insurance contract promise to pay (indemnity) Duty to Defend Claims Service full-time, educated experts carefully vetted service providers Financial Resources and Stability loss reserves held in trust (regulatory requirement) 5

6 What does this policy do? Hull insurance physical damage to the aircraft Agreed Value deductible Liability Insurance sums legally obliged to pay as a result of losses arising from aviation operations set limit Duty to Defend triggered by loss fees and expenses usually in excess of liability limit 6

7 Whose Lawyer are You? A lawyer who is appointed by the Insurers the insurance policy Duty to Defend the Proof of Loss Right of Subrogation / Hull Value 7

8 Whose Lawyer Are You? A lawyer who represents both the Insurers and the Insured common interests separate or conflicting interests issues of coverage under the policy uninsured losses 8

9 What s Your Job? To defend the insured from liability claims passengers the crew third parties the owner of the accident site aboriginal claims? environmental clean up? not criminal or statutory liability 9

10 The First 24 Hours: Initial Response Call received from broker Appointment of adjuster and legal counsel local? pre-approved on Policy? Call to adjuster/lawyer details of assignment basic coverage details Adjuster/lawyer calls Insured to make initial contact 10

11 Initial Response Adjuster immediately arranges to travel to scene coordinates with operator Insured arranges? Commercial arrangements Priorities collect and protect important documentation contact with responsible civil authorities for access Coast Guard/RCMP/TSB visit and document the scene witness statements update the insurers arrange for protection and or removal of wreckage 11

12 Initial Response - Legal We need a grief counsellor, not a lawyer. What are you doing here? contribute perspective the events of today will be the facts of tomorrow manage the relevant documents and protect confidentiality 12

13 Initial Response - Legal identify witnesses and oversee their statements respond to authorities TSB police coroner other review media releases 13

14 Day 2-30 The Adjustment The adjuster Adjuster reports findings formally Confirms compliance with policy warranties pilot licensing, airworthiness Identifies lessors or lienholders Initial loss estimates, confirms hull is total loss Proof of Loss Behind the scenes Management reporting Receive adjuster s reports and responds Discuss and set reserves Confirm Coverage Respond to and instruct service providers Pay the hull claim 14

15 Days 2-30 Laying the Ground Work Identifying / retaining experts metallurgy engineers accident reconstruction Communicating with the TSB the investigating team flight tests and simulation the preliminary factual statement 15

16 Laying the Ground Work Investigation of potential claimants capture websites / social media pages Considering workers compensation legislation Advance payments to passengers Initial legal research Initial report to underwriters preliminary reserves 16

17 Day 31 to Year 1: Building the Case Preliminary Expert reports Settling with third parties Responding to claimants Responding to administrative hearings coroner s inquiry environmental inquiry industry inquiry Responding to the TSB Draft Report 60 days to comment 17

18 Year 1 to Year 2: Litigation 2 year deadline to sue Jurisdiction where to sue avoiding the U.S. offshore issues Class Actions in airline cases Final TSB Report 18

19 Conclusion

20 Questions? Stephan M. Roess Senior Vice President, COO Willis Aerospace Canada, a division of Willis Canada Inc stephan.roess@willis.com Michael Dery Partner Alexander Holburn Beaudin + Lang LLP mdery@ahbl.ca