The Obligations of the Air Operator under Liability Insurance before the Risk Materializes
DOI:
https://doi.org/10.64184/ajlps.V2.I4.Y2025.P1-27.252Keywords:
Obligations of the air operator, liability insurance, premium payment, duty of disclosureAbstract
The obligations of the air operator in liability insurance, during the stage preceding the occurrence of the risk, are limited to two fundamental duties which simultaneously constitute rights of the insurer. The first is the duty of disclosure regarding information related to the insured risk, which serves as the cornerstone in shaping the general policy governing liability insurance contracts. The significance of this obligation is reflected, on the one hand, in enabling the air operator to fully understand the nature of the insured risk and to affirm the seriousness of the matter at hand, thereby ensuring full disclosure in order to obtain the best possible coverage. On the other hand, it reinforces the principle of utmost good faith, while also allowing the insurer to determine the appropriate premium that corresponds to the circumstances surrounding the risk. Consequently, the duty of premium payment by the air operator is considered the second essential obligation prior to the occurrence of liability risk.
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