Following an aircraft total loss, unpaid instalment premiums become payable in full. UPI covers the pro rata premium for the unexpired term. Cover can be included under aviation hull policies.
Tag: UK
AVN1C 21/12/98
The London Aircraft Insurance Policy used worldwide, except by large airline insurances who use ‘manuscript’ policies. Cover under the 98 form: (a) accidental loss/damage (including disappearance), emergency safety expenses; (b) legal liability to third parties excluding passengers; (c) legal liability to passengers excluding the employer’s liability risk. There are section-specific exclusions and general exclusions. See AVIATION HULL ALL RISKS; AVIATION LEGAL LIABILITY INSURANCES.
Avoidance of certain terms and rights of recovery
Clause in motor insurance and employers’ liability policies compulsory insurances (Road Traffic Act and Employers’ Liability (Compulsory Insurance) Act 1969). The legislation restricts the right of insurers to rely upon breaches of certain policy conditions to avoid a claim. The conditions mainly relate to matters that should or should not be done by the insured after the event, e.g. giving proper notice and not admitting liability. The insurer is entitled to recover his loss from the insured where payment is made solely because of the legislation. See APPROVED POLICY; PROHIBITED CONDITIONS.
Award in Insurance
See: Foundation Insurance Test.
Back Up Policy/Layer
An excess of loss layer that provides for further reinstatements of cover after the exhaustion of the automatic reinstatements of the original contract. The policy defines which basic contracts come within its scope and how many reinstatements they contain. Top and drop is a development of the back up layer, but the reinsured who relies upon it runs the risk that the top layer may have been exhausted by earlier calls upon it.
Back-dating
Occurs when a policy is expressed as operating from a date before final agreement has been reached on its terms. Cover begins before the date cover is issued and will cover any losses in the intervening period. It is illegal to backdate compulsory motor insurance, but acceptable in life insurance where the insured may wish to date from his previous birthday or other specific date.
Back-service
The period of previous service in employment with which a new member of a company pension scheme can be credited.
Back-to-back arrangement
A combination of an annuity and whole life policy on the same life whereby a single payment purchases the annuity, the instalments from which pay the whole life premiums. The annuity purchase reduces the purchaser’s estate, but the life policy proceeds paid on death are tax-free and replace the initial single payment. Life premiums payable out of normal income are an exempt transfer and therefore exempt from inheritance tax.
Back-to-back cover
Occurs where the terms and conditions of a primary insurance policy match those of its counterpart reinsurance policy. There is a presumption that facultative reinsurance is back-to-back with the original insurance (Vesta v. Butchers and Others). It is also presumed that proportional reinsurances are back-to-back with the insurance policies, but this is not true of excess of loss treaties. Where by express terms the risk presented to the reinsurer is materially different from that assumed by the reinsured, there is no presumption of back-to-back cover (Gan Insurance and Another v. Tai Ping).
Bad debts insurance
See: Credit Insurance.