Aviation product lability insurance in US, UK, and Italian law systems

Abstract

The complexity of the insurance liability from defective aeronautical product and the high-risk level of the air transport sector imply a highly specialized insurance market. This market is characterized by principles common to the US, UK and Italian insurance practices. Th e market in which insurance companies operate is characterized by continuous operating improvements and technical innovations that have allowed a reduction of aviation accidents. However, we have seen that the technologies bring new vulnerabilities due to new devices, as well as by the increasing regulation of the sector. Th is led to the confi guration of further assumptions of liability and reimbursable damage. Europe is now facing a new challenge with the initiative of the Single European Sky (SES-SESAR) aiming to improve the integration and effi ciency of air traffi c management, step up the air navigation services and increase safety. Therefore, the insurance practice should be re-evaluated in the light of SES and the introduction of new technologies. Among the risk factors that the insurance market will have to take into account there is certainly the human factor, which is still a major cause of aeronautical accidents, including those due to product liability, at least with regard to the design and installation of aircraft components. Therefore, it will be interesting to examine whether the development of SES will contribute not only to prevent aircraft accidents but also to develop new safeguards to protect the aviation sector, including the insurance services, allowing insurers to offer competitive policies appropriate for the future technological changes.

Original document

The different versions of the original document can be found in:

• http://hdl.handle.net/11585/611630