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That's Just The Way It Is --
The Unexplained Protocol Of Aviation Insurance
In uncertain times
like these, when insurance rates are
skyrocketing and good coverage is hard to
find, aircraft owners and pilots have lots of
questions for their insurance agents. We
answer these "Most-Often-Asked Questions From
Clients and Friends."
There are only eight
standard aviation-underwriting companies and one
direct writer remaining in the general aviation
industry in the United States. Each of these
companies is dependent upon the international
reinsurance community for security. All of these
companies are offered more opportunities to
write new business than their capacity allows.
One underwriting manager told me recently that
his small underwriting staff of four senior
underwriters receives 400 requests for new
business quotations each day. This, of course,
is the result of the tight underwriting climate
and the attempt of agents to assure each client
that they have found the best of the worst
insurance deals around. Although this is a
specific case, all aviation underwriting
companies seem to be suffering from the same
pressure to perform. This may explain why the
average underwriter is not aggressive in chasing
new business.
Why is the quoting process so laborious? In
order for the agent to adequately "shop" the
risk, the customer's information must be
prepared and presented to every underwriter for
a premium quotation. This means applications,
pilot history form on each pilot, checking
computer banks for prior submissions or claims,
and then the actual preparation of the quotation
and submission back to the agent. When this
becomes an industry-wide trend, the underwriting
community cannot handle the unusually heavy
workload. When you have more potential business
growth than can be handled, there is no wonder
the underwriters develop an attitude of
complacency toward new business opportunities.
This fact will help to explain my answers to
many questions that I receive from clients and
friends.
Why Can't I Change
Insurance Companies Mid-Term?
"If I renew my insurance now and later find a
better deal, why can't I just change companies?"
The reasons are numerous:
- First, most companies will impose a
short-rate penalty if the policy is canceled
prior to the policy expiration. This could
amount to approximately 10% of the unearned
premium. Although this penalty is weighted
more heavily to early cancellations, the 10%
estimate is a good rule of thumb.
- Once an underwriter gives you a quotation,
your name and N# will be logged into his
computer along with your policy anniversary
date. Most underwriters follow the industry
protocol not to move a competitor's account
mid-term. They don't want to start a rate war.
After all, with more business than they can
handle coming through the front door each day,
why do they want the hassle? In addition, the
opinion is if an account will leave one
company for a cheaper premium, then the next
time a cheaper quote comes in they will move
again. Most underwriters want to write loyal,
long-term accounts.
In short, unless you have a very good reason
to change underwriters mid-term, you are well
advised to stay with your current underwriter
for the full policy term.
I Have Heard That I Can
Buy a Three-Year Policy
"Can I purchase a policy longer than one year
and lock in the rate?"
No. In the past, some commercial property and
casualty policies were offered on a three-year
policy guaranteeing the premium. Some aviation
underwriters also issued three-year policies but
retained the right to renegotiate the premium
annually. In aviation, because reinsurance
contracts are renegotiated annually, the
underwriters cannot commit to more than 12-month
policies or premium commitments.
I Want Competition For My
Account
"I want the insurance community to compete
for my business. Why can't the various agents
bring me multiple quotations (bids)?"
The short answer is, they can. But, each
insurance company will quote to only one agent.
Keep in mind, there are only nine
aviation-underwriting companies (including
AVEMCO) in the U.S. Each company has a
centralized automation system through which all
client and prospect data are stored. When an
underwriter receives a submission for a quote on
a particular aviation risk, he immediately logs
the name, N#, aircraft, and agent's name into
his company's nationwide computer system. If
another agent has previously submitted
information on the same client to any
underwriter with that company, the computer will
show that the company is committed to the first
agent with a submission. If the client wants to
change agents, he simply writes a letter to the
insurance company instructing them to recognize
a different agent. This is known as an
agent-of-record letter (AOR).
The newly appointed agent will receive the
same quotation or declination that was given to
the first agent. So, don't change
agents-of-record thinking the quote will change.
The reason for this protocol is simple. The
insurance companies avoid a lot of confusion,
hard feelings, and embarrassment by adhering to
the "one client -- one quote" rule. In addition,
why would an already overworked underwriting
staff want to increase their workload by
offering multiple quotes on the same risk? They
would be competing with themselves.
Note: See also
"Selecting an Aircraft Insurance Agent."
Why Are Rate Trends So
Complicated?
Hull rate versus hull value often creates
questions. In short, the higher the hull or
aircraft value, the lower the rate per $100 of
insured value. For example, the rate to insure a
$10,000,000 corporate jet may be 0.25% and the
rate to insure a $900,000 jet may be 1.2%.
Unfair? Not really. You would expect the less
expensive aircraft to be older and have older
technology. In addition, the underwriters must
develop a premium adequate to pay a partial loss
in either case. Most losses are not total
losses. Most are partial losses, and the cost to
repair is as much for an older aircraft as it is
for a new aircraft. In many cases, the lack of
availability of parts for the older aircraft may
make the repair more costly.
"Why are the rates for my piston-powered
aircraft higher than for a turbine or jet
aircraft?" Usually, piston aircraft are less
expensive than turbines and turbines are less
expensive than jets. I know there are exceptions
to every statement, but in looking at an
overview of the industry, this is true. It is
this broad-brush approach that the insurance
actuaries and trend plotters use to predicate
rates and the value brackets by aircraft type.
As mentioned above, the higher the value, the
lower the rate.
In addition, the underwriters believe that
turbines have fewer losses than pistons, and
jets have fewer losses than turbines. This may
be reflective of the aircraft performance, or it
may be the fact that the higher up the scale you
go, the better trained the pilots are. Most
losses are the result of pilot error. Every
underwriter today requires all turbine and jet
pilots to complete annual simulator-based
training. This is not the case with many
piston-powered aircraft. The facts are that loss
experience is better in jets than in
piston-powered aircraft, and the rate per $100
of aircraft value reflects this experience.
Is Annual Recurrency
Training Required?
"I have logged more than 1500 hours in my
aircraft. Why do I need to go to annual
training? After all, I have forgotten more about
the aircraft than the instructor knows."
This is our most frequently asked question.
The answer is: If you fly a fast twin like an
Aerostar, you must attend an
underwriter-approved school every 12 months. A
simulator is not required, but a strong training
syllabus is required before the underwriters
will approve the training.
If you are flying a turbine or jet, all
underwriters require annual simulator-based
training. It doesn't matter how much you know,
how much experience you have, or how pretty you
think you are. Even if you are a doctor, a
lawyer, a business tycoon, or a professional
pilot, you must go to school if you want to buy
insurance. Usually, Simcom, FlightSafety
International, and SimuFlite are the schools
that have earned the underwriter's
recommendation.
"Are the underwriters in collusion with the
flight training centers? We know that Berkshire
Hathaway owns FlightSafety, and they also own
USAIG. Aha! No wonder they insist on recurrent
training."
Well, I must admit that this looks a bit
sinister, but the fact is increased training
does reduce losses. No matter how it looks, all
underwriters writing turbines and jet aircraft
insist upon simulator training annually, and
only USAIG and a training facility are mutually
owned.
Why are Professional
Pilots a Preferred Risk?
Underwriters define "professional pilots" as
those pilots whose full-time occupation is the
safe operation of an aircraft. If you are a
professional pilot between the ages of 25 and 60
(to 65), and your skill level and training are
acceptable, you are usually thought to be a
preferred risk. You will receive lower rates and
better policy forms than the owner pilot or
non-professional.
"But, I am a commercially rated pilot and
have an ATP. I have strong credentials. Why am I
not considered a professional just because I run
the company?"
That's just the way it is. The underwriters
say non-professional pilots have too many things
on their minds. They say you can't keep your
mind on the flying if you are preoccupied with
business problems. Well, I can personally give
you a lot of examples of superior cockpit
management and capability from the
non-professional pilot. But which ones keep
their minds on flying and don't drift away
during those long uneventful stretches? Again,
non-professional pilots are painted with the
underwriter's broad brush. Maybe it isn't fair,
but from the underwriter's vantage point, you
just can't tell the good guys from the bad guys.
So you treat all non-pros the same.
What Does Age Have to Do
With It?
I have written volumes about the older pilot.
In fact, I am probably the greatest proponent of
the senior in the cockpit. You might be pleased
to know I have found some (a few) underwriters
who agree with me. The senior pilot usually
plays by the rules. He usually keeps himself in
good physical shape, he has a good experience
level, he goes to school, and is focused on his
flying as much as any professional. He is an
aviation enthusiast and is passionate about
flying. What more could an underwriter ask for
in the cockpit? And to prove it, the senior
pilot has very few losses as a class.
Where is that broad underwriting brush when
you need it?
The fact is, one major underwriting company
begins to resist accepting new accounts that
have pilots age 60 or above. Others begin to
resist at age 65, and other companies will stay
with you into the early to mid-seventies.
In much the same light, young pilots flying
turbine and jet aircraft for corporate or
charter use have a difficult time regardless of
experience until they are at least 25 years old.
"That's age discrimination and I'll sue."
No that's underwriting, and the courts have
already ruled for the underwriter. The very
practice of underwriting is discriminatory. Too
old, too young, too inexperienced, no annual
training, whatever the criterion, the
underwriting community continues to try to
select the most desirable risk. It is legal.
And, it is underwriting.
Can They Really Put In
Hidden Charges?
"Did the hard market and the September 11
attack create any additional premium charges?"
You bet they did. When you receive your
renewal quote, you may ask your agent what
percent increase you are quoted. It could be 25%
or 50% or even 100%. You should then ask, "Is
this for the exact same coverage as last year?"
Many underwriters are quoting your renewal but
making you buy back such coverage as guest
voluntary settlement (GVS) or war-risk hull and
war-risk liability at an additional premium.
Last year many policies included these coverages
at little or no additional premium. I don't know
if there is much you can do about the practice,
but for your own peace of mind you will know the
policy terms are different and you can calculate
your real increase.
Where Did the Excess
Limits Go?
I remember, not too many years ago, the
underwriters would give you excess liability
limits for very little premium. Five million
dollars was only slightly more expensive than
one million. Ten million dollars was only
slightly more than five. The higher the
liability limit, the cheaper your cost per
million was. "Those were the days, my friend."
And, those days are gone.
Today, regardless of your cockpit prowess or
type of aircraft, you will pay dearly for high
limits of liability. Your renewal quote may cost
as much for one million in liability as you paid
for five million last year. Although the price
may appear reasonable, check the liability limit
being quoted against your prior year's policy.
This is not an attempt by the underwriter to
confuse; in many cases, he simply doesn't have
the capacity to match your prior year's limits.
The simple fact is that we were spoiled. We
expected to receive high limits for very little
premium, and that could not continue forever.
The courts are handing down higher and higher
awards, and the attorneys are cleverly finding
new ways to tap into liability policies. Someone
has to pay, and that someone is the consumer.
In many cases, the important issue is not the
cost of the liability insurance, but whether it
is available at any cost. The capacity may not
be available to offer high limits of liability
at any price.
Should I Buy War-Risk
Hull Insurance?
Following the September 11 terrorist attack,
all aviation insurers ordered the mid-term
cancellation of war risk insurance from all
aviation policies that were endorsed to include
the coverage. They then offered to sell the
coverage back for an additional and much more
expensive premium charge. This action has
stirred a variety of questions, which should be
discussed with your agent at renewal.
Most of my clients are buying back the war
hull coverage. Don't lose sight of the reason we
carried the coverage in the first place. If you
operate your aircraft outside the United States
into less stable countries, the confiscation and
seizure protection offered under the war
endorsements is well worth the cost. There are
28 perils included in the war write-back
endorsement. War and terrorism are just two. In
addition, coverage for malicious acts, strikes,
and labor unrest are also included. My advice is
to read the endorsement form before you make
your decision.
Note: See also
"War Risk Insurance - Misunderstood and
Underappreciated."
How Much Does Hull
War-Risk Coverage Cost?
The cost for this insurance currently is
0.15% of the aircraft value. Depending upon the
value of your aircraft, this could be quite
expensive. There is no need to shop this around,
because all underwriting companies follow the
same premium structure. (They all buy from the
same reinsurance facilities.)
"Can war-risk coverage be cancelled in the
event of a new round of terrorist attacks?"
Yes! The endorsement form offered by most
companies follows the Lloyd's form and allows
for seven-day notice of cancellation following
an increased hazard such as a terrorist attack.
"Should I buy back war-risk liability?"
This is up to you. As an insurance
professional, I cannot recommend that you not
purchase the coverage. If I did and something
happened, you would look to me for having given
bad advice. Just remember, this is liability
coverage. Liability coverage is designed to
protect you if you are negligent. Of course,
your liability policy would come into play if
you were alleged to be negligent. I have a hard
time finding that an aircraft owner could be
anything but a victim during a terrorist attack.
But who knows how the courts would rule in this
day of "deep pocket law." So, use your own
judgment. The cost is a surcharge of 20% of your
liability premium, with a maximum coverage of
$50 million or your policy's liability limit,
whichever is less. Oh, did I mention this is an
annual aggregate limit?
How Long Will the Hard
Insurance Market Remain? What Do You See For the
Coming Renewal Year?
The insurance industry goes through cycles.
Premiums go down, underwriting standards relax
in order to attract more volume, and
underwriters begin to lose money. When this
occurs, some underwriters and reinsurers leave
the business. This causes a lack of capacity and
the premiums go up, underwriting standards
tighten, and the underwriters begin to make
money again. Seeing the profitability,
underwriters come back into the insurance market
place and once again begin to bid down the
prices, and the cycle starts all over again.
This is an industry with no memory.
At the moment, we are in the stage of
declining capacity created by underwriters and
reinsurers leaving the market. Predictably,
insurance prices are on the incline. My best
guess is this will continue through 2002 and
into mid-2003 before underwriting profitability
reappears. At that point, we will plateau for a
while. With renewed industry-wide profitability,
we will begin to see new reinsurance money
(capacity) come back into the market, and the
bidding process will begin again. This should
begin the new cycle in early 2004. This is just
a guess. I have no crystal ball.
And please, don't shoot the messenger.
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