The High Court has ruled that a report into a fatal plane crash produced by the Air Accident Investigation Branch (AAIB) is admissible as evidence in civil proceedings seeking damages for alleged negligence by the pilot.
Read MoreBrian Green (NY) is attending the Aviation Insurance Association Conference in Orlando, FL, on May 4-7. The AIA annual conference is the biggest conference in the aviation and aerospace insurance space.
Read MoreThe Ninth Circuit Court of Appeals recently held that the statute of repose created under the General Aviation Revitalization Act (“GARA”) provides an aircraft’s individual component parts’ manufacturers the same protections as the aircraft manufacturer itself, even where the part in question is used and becomes incorporated on a later delivered aircraft that is not entitled to protection.
Read MoreIn a decision likely to impact foreign nationals as well as airlines, airports, and related insurers, the 9th Circuit Court of Appeals recently affirmed a lower court ruling which held that a Malaysian citizen studying in the U.S. has legal standing to sue in U.S. courts to challenge the mistaken presence of her name on the No-Fly List.
Read MoreAon Aviation recently reported that as a result of the low number of aviation incidents in 2011, airline insurance claims are on track for a record low in 2011 as well.
Read MoreThe Commercial Court has held that an aviation contractor was not entitled to the value of aircraft engine parts that were being refurbished by a subcontractor because the subcontractor’s obligations ended when the sub-contract was terminated.
Read MoreIn the recent case of Tony Hook v British Airways plc (2011) EWHC 379 (QB), the High Court was asked to consider whether UK and EU aviation legislation created a private law cause of action sounding in damages in relation to alleged disability discrimination by an airline.
Read MoreThe ash cloud from Iceland’s Eyjafjallajokull volcano that shut down much of Europe’s air space in April 2010 has been held to be an example of “extraordinary circumstances” under Art 5(3) of EC Regulation 261/2004 (the Regulation), exempting airlines from paying compensation for the cancellation of flights.
Read MoreEAPD’s Mark Meyer and Brian Green are in Vancouver at the Aviation Insurance Association Annual Conference, which continues to be interesting and informative.
Read MoreEAPD’s Mark Meyer and Brian Green are attending the Aviation Insurance Association’s Annual Conference in Vancouver, Canada. The conference is well-attended and informative. There were several interesting CIE sessions on Sunday, including a discussion of the criminalization of aviation accidents. Our speaker explained that the trend is that in Europe and Latin America, investigations into accidents also often included criminal investigations, and sometimes indictments, of the pilots, flight controllers and others who were claimed to be involved in the accident.
Read More
