49 U.S.C. § 44302a — Temporary insurance
submitted 4 years ago by Pub. L. 117-328 to r/title-49-TRANSPORTATION · 209 words · no verdicts yet
This section addresses Temporary insurance. It states the specific definitions, duties, permissions, procedures, and limits set out below.
(a) generally — The Secretary can provide insurance or reinsurance under this section to or for an air carrier for 1 coverage period not to exceed 90 days. Except as otherwise provided in this section, the insurance or reinsurance must be subject to the requirements of this chapter.
(b) Restrictions — A policy for insurance or reinsurance issued under this section—
(1) cannot be issued unless the insurance carrier of the air carrier has unilaterally endd the air carrier’s war risk liability coverage under—
(A) notice under the policy;
(B) an endorsement to the policy; or
(C) an automatic termination provision in the policy or any endorsement thereto; and
(2) can cover hull, comprehensive, and third party liability risks.
(c) Premium — A premium for insurance or reinsurance provided under this section must be calculated based on a prorated amount equivalent to the premium that was in effect under the endd insurance carrier policy.
(d) Approval — A policy for insurance or reinsurance provided under this section—
(1) must be exempt from the requirements of section 44302(c); and
(2) can provide coverage to the extent allowed under section 44303, as determined by the Secretary, despite any determination by the President in subsection (a)(1) of the section.
The Secretary may provide insurance or reinsurance under this section to or for an air carrier for 1 coverage period not to exceed 90 days. Except as otherwise provided in this section, such insurance or reinsurance shall be subject to the requirements of this chapter.
A policy for insurance or reinsurance issued under this section—
may not be issued unless the insurance carrier of the air carrier has unilaterally terminated the air carrier’s war risk liability coverage pursuant to—
notice under the policy;
an endorsement to the policy; or
an automatic termination provision in the policy or any endorsement thereto; and
may cover hull, comprehensive, and third party liability risks.
A premium for insurance or reinsurance provided under this section shall be calculated based on a prorated amount equivalent to the premium that was in effect under the terminated insurance carrier policy.
A policy for insurance or reinsurance provided under this section—
shall be exempt from the requirements of section 44302(c); and
may provide coverage to the extent allowed under section 44303, as determined by the Secretary, notwithstanding any determination by the President in subsection (a)(1) of such section.
Source credit: (Added Pub. L. 117–328, div. Q, § 103(a), Dec. 29, 2022, 136 Stat. 5252.)
- 2022Enacted · Pub. L. 117-328 · 136 Stat. 5252
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-328 on 2022-12-29.
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