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Aviation War Risk Insurance Coverage - Second In A Series
PO BOX 899, PINE, COLORADO 80470 PHONE: 720.208.0844 FAX: 720.208.0845
War Risk Liability and War Risk Hull Physical Damage Coverage
Coverage That Should Be Part Of Every Standard A++ Manned and Unmanned Aircraft
War Risk Insurance is largely misunderstood but should be carried by anyone who operates any
type of aircraft particularly those that are operated internationally or that may be subject to
hijacking, hacking or confiscation. Hijacking is essentially any unlawful seizure or wrongful
exercise of control of the aircraft or crew in flight including the taking or hacking of an
unmanned aerial system or drone.
All aviation insurance policies exclude War Risk Liability and War Risk Hull Physical Damage
Exposures however the coverage can be included, or written back into the policy at no cost. All
standard A++ insurance policies contain and endorsement that removes most of the
exclusionary language known as a write-back or buy-back.
The war risk exclusionary language contained in aviation insurance policies that we’re most
concerned about in this series is as follows:
“This policy does not cover claims caused by:
f) Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition
for title or use by or under the order of any Government, (whether civil, military or de
facto) or public or local authority;
g) Hi-jacking or any unlawful seizure or wrongful exercise of control of the aircraft or
crew in flight (including any attempt at such seizure or control) made by any person or
persons on board the aircraft acting without the consent of the Insured.
Furthermore, this policy does not cover claims arising whilst the aircraft is outside the
control of the Insured by reason of any of the above perils.
The aircraft shall be deemed to have been restored to the control of the Insured on the
safe return of the aircraft to the Insured at an airfield not excluded by the geographical
limits of this policy, and entirely suitable for the operation of the aircraft (such safe
return shall require that the aircraft be parked with engines shut down and under no
All standard aviation insurance policies provided by A++ insurers will include the war risk buy-
back endorsement and all knowledgeable aviation specialty insurance agents and brokers will
ensure that the coverage is included in the policy. It is important however to check your policy
and question your agent or broker to ensure that the coverage has been included because not
all policies provide the coverage and not all agents are experienced our knowledgeable enough
to include it.
If your policy does not include the War Risk write-back endorsement, you should reconsider
and replace the policy.
The War Risk write-back endorsement will provide, among other things, the following
coverage’s to the Named Insured.
War Risk Hull Physical Damage (Confiscation)
The War Risk write-back will return coverage for confiscation in the event that a government
confiscates or seizes the aircraft claiming some type of violation or any other reason. In this
case, you must carry hull physical damage coverage under the policy and in the event that the
aircraft is confiscated or seized, your insurer will pay you for the insured value of the aircraft
per the terms of the policy and take on the problem of getting the aircraft back.
An example of a loss that was covered under the war risk hull physical damage was when an
Embraer Legacy landed after a mid-air collision with a Gol 737 over Brazil in 2006. The Brazilian
government seized the Legacy and the owner filed a claim under the war risk provisions of their
War Risk Liability
The War Risk buy-back will return liability coverage to the Named Insured in event that the
aircraft is hi-jacked or hacked or any other unlawful seizure or wrongful taking of control of the
aircraft without consent of the Named Insured. In this case, the policy will provide coverage to
the Named Insured for bodily injury and property damage arising from the hi-jacking or
unlawful and wrongful seizure of control of the aircraft by a third party without the consent of
the Named Insured.
In this example, if an aircraft or UAS is hi-jacked and the hi-jacker subsequently uses the aircraft
to cause bodily injury or property damage to third parties, an argument could be made that the
Named Insured was negligent in their failure to maintain control of the aircraft. War Risk
Liability coverage could respond in that scenario to defend and protect the Named Insured
from those claims and suits.