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49 U.S.C. § 44302aTemporary insurance

submitted 4 years ago by Pub. L. 117-328 to r/title-49-TRANSPORTATION · 209 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may give an air carrier short-term war-risk insurance for up to 90 days. This is only for a carrier whose regular insurer just ended its war-risk coverage. The premium is prorated based on what the old policy charged.

(a) In General. The Secretary may provide an air carrier insurance or reinsurance under this section for one coverage period of up to 90 days. Except as this section says otherwise, this insurance follows the rest of this chapter's requirements. (b) Restrictions. A policy issued under this section: (1) may not be issued unless the carrier's regular insurer has unilaterally ended the carrier's war-risk liability coverage — through a notice, an endorsement, or an automatic termination clause in the policy; and (2) may cover hull, comprehensive, and third-party liability risks. (c) Premium. The premium is calculated as a prorated amount, matching what the terminated policy charged. (d) Approval. A policy under this section: (1) is exempt from section 44302(c)'s requirements; and (2) may cover what section 44303 allows, as the Secretary decides, even without a presidential determination under section 44302(a)(1).
the actual law source: uscode.house.gov ↗public domain
(a)In General.—

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.

(b)Restrictions.—

A policy for insurance or reinsurance issued under this section—

(1)

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—

(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)

may cover hull, comprehensive, and third party liability risks.

(c)Premium.—

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.

(d)Approval.—

A policy for insurance or reinsurance provided under this section—

(1)

shall be exempt from the requirements of section 44302(c); and

(2)

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.)

history & why it existsrecord from the source credit
  • 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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