Julio
Páginas: 4 (771 palabras)
Publicado: 5 de abril de 2011
AON Insurance Seminar 2008
“The Role of the Lawyer”
Tim Brymer Director of Aviation Group
Initial tasks
< Passenger identification < Contact with relatives < Co-ordination with relatives
< The Disaster Plan < Emergency Preparedness Programme < Communication chain
äbrokers ä insurers ä surveyors ä adjusters ä human remains experts ä lawyers
3
Aircraft Hull
< separate policy < combined with liabilities < limited role of lawyer
ä leasing/financeconsiderations ä separate ownership of engines ä release formalities
4
Liability
< Which regime? < Passenger Manifest? < Tickets? < Nationalities? < Where tickets were purchased? < Route/sectors?
5 Liability (cont.)
< where can claims be brought? < limits? < likely quantum? < reserve?
6
Claims handling
< Position re liability < Condolence money < Interim settlements < Speed!
7
Forum Shopping - a judicial definition
“A Plaintiff bypassing his natural forum and bringing his action in some alien forum which would give him relief or benefits which would not beavailable to him in the natural forum” Or otherwise… Maximum return for minimum outlay!
8
Convention for the unification of certain rules relating to international carriage by air, signed at Warsawon 12 October 1929 (Warsaw Convention)
< Article 28 1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either beforethe Court have jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court havingjurisdiction at the place of destination.
9
Article 28 cont.
2. Questions of procedure should be governed by law of the Court seised of the case. < Montreal Convention 1999 < “Fifth Venue” option...
“The Role of the Lawyer”
Tim Brymer Director of Aviation Group
Initial tasks
< Passenger identification < Contact with relatives < Co-ordination with relatives
< The Disaster Plan < Emergency Preparedness Programme < Communication chain
äbrokers ä insurers ä surveyors ä adjusters ä human remains experts ä lawyers
3
Aircraft Hull
< separate policy < combined with liabilities < limited role of lawyer
ä leasing/financeconsiderations ä separate ownership of engines ä release formalities
4
Liability
< Which regime? < Passenger Manifest? < Tickets? < Nationalities? < Where tickets were purchased? < Route/sectors?
5 Liability (cont.)
< where can claims be brought? < limits? < likely quantum? < reserve?
6
Claims handling
< Position re liability < Condolence money < Interim settlements < Speed!
7
Forum Shopping - a judicial definition
“A Plaintiff bypassing his natural forum and bringing his action in some alien forum which would give him relief or benefits which would not beavailable to him in the natural forum” Or otherwise… Maximum return for minimum outlay!
8
Convention for the unification of certain rules relating to international carriage by air, signed at Warsawon 12 October 1929 (Warsaw Convention)
< Article 28 1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either beforethe Court have jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court havingjurisdiction at the place of destination.
9
Article 28 cont.
2. Questions of procedure should be governed by law of the Court seised of the case. < Montreal Convention 1999 < “Fifth Venue” option...
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