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12   12/16         M97/February 2018  Reinsurance
    Chapter             The majority of these covers are established on a per event basis.




                        In aviation reinsurance, the premium may be calculated according to burning cost. However, since most
         Premium may be
         calculated according  aviation portfolios are unbalanced as compared to other classes, the burning cost statistics are subject
         to burning cost  to random fluctuations and are correspondingly impaired as to their value for the purpose of calculating
                        premiums. Therefore, it is important to consider the reinsurer’s actual exposure under the excess of loss
                        cover. The reinsurer must be aware of the breakdown of the retained premium income and its
                        development in recent years.

                         Example 12.3
                         The share of business written under hull policies may differ considerably from that written in air cargo and specie or,
                         if there are differences in the maximum retention under the primary cover and the excess cover of original policies,
                         there is a difference in exposure for the two sections of cover.

                        Aggregate excess cover is a variation of excess of loss and is also referred to as a ‘self-insured retention’
                        where the insured, usually in possession of a large fleet of aircraft, carries an excess so large as to
                        virtually act as its own insurer, except for catastrophes, and with a correspondingly large reduction in
                        premiums. Hence it is able to enter the reinsurance market directly generally by means of a captive.
                        Schemes commonly encountered are as follows:
                        • The reinsurer pays the claims arising from any one accident exceeding a given figure.
                        • As above, but the excess is a figure based upon a percentage of the total value of the fleet. The
                          insurer’s retained proportion may be limited to an aggregate amount during the policy period.
                        With the growth of the captive insurance market within the airline industry, the use of aggregate
         Use of aggregate
         excesses or self-  excesses or self-insured retentions is an increasingly common feature of large fleet policies. Where there
         insured retentions is  is a substantial self-insured retention, reinsurers must be satisfied of the ability of the insurer, or the
         an increasingly
         common feature of  captive insurance company, to respond to the self-insured retention where there are financial interests
         large fleet policies  in the aircraft. The lease agreements noted by the reinsurers may look to them to respond in the event of
                        non-response from the insurers or their captive insurance companies.
                        An arrangement is sometimes made whereby a return of premium is made to the insurers if no claim is  Reference copy for CII Face to Face Training
                        made during the policy period. Sometimes this takes the form of a straight no claim bonus. In order to
                        avoid competition on renewal, it is frequently made payable only if the policy is renewed with the same
                        reinsurers.
                        For major aviation contracts, this rebate is expressed as a profit commission on the balance of premium
                        less claims. The standard market clauses for profit commission provisions are AVN 64A and B.
                        Accumulations
                        Care must be taken to ensure that the definition of what constitutes ‘one event’ is clearly understood by
                        the parties to the reinsurance and is defined in the treaty wording.
                        A reinsurer writing foreign business is always faced with the possible accumulation of risk. Evaluation of
                        any statistics and loss records requires considerable experience and expertise, as it is easy to
                        misinterpret the information given without it. Keeping abreast of its known accumulations, a reinsurer
                        can also consider its own outwards reinsurance, or retrocession, requirements.
                        Due to the importance of facultative placement and the close inter-relationship between direct and
                        inwards reinsurance placements in this field, the underwriting of aviation insurance must be considered
                        very closely.
                         Example 12.4
                         A P-51 Mustang crash at the 2011 Reno National Championship Air Races, in which eleven people died, could result
                         in losses exceeding $100m liability cover, involving individual pilots, race subcontractors and vendors. The major
                         liability costs may not be the deaths – an average payout for aviation-related deaths in the US is now approaching
                         $5m – but for injuries. Cover is through the London Market, and initial legal actions are likely to involve insurers’
                         investigation of disclosure, including aircraft modifications and pilot competency.

                        Suitable types of reinsurance
                        Reinsurers are always particularly cautious in subscribing to any aviation reinsurance treaty without first
                        obtaining considerable detailed information; there is always the possibility that the insurer may abuse
                        the facility by ceding poor quality business. Often, a reinsurer commences business with a company on a
                        purely facultative basis, in order to establish liaison and have the opportunity of examining each piece
                        of business in detail. Subsequently, if the results warrant it, a form of treaty may be established.
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