1. Alternative Facts The Challenges of Settlements & Emerging Insurance Issues 10th Annual McGill Conference of International Aviation Liability & Insurance – Montreal 22 June 2017

2. Perception v Reality
It was the best of times, it was the worst of times,
it was the age of wisdom, it was the age of foolishness,
it was the epoch of belief, it was the epoch of incredulity,
it was the season of Light, it was the season of Darkness,
it was the spring of hope, it was the winter of despair,
we had everything before us, we had nothing before us,
we were all going direct to Heaven, we were all going direct the other way
in short, the period was so far like the present period, that some of its noisiest authorities insisted on its being received, for good or for evil, in the superlative degree of comparison only.
Charles Dickens, A Tale of Two Cities

3. It was the best of times, it was the worst of times,
The financials of the aviation insurance market
A safe and safer means of transport
A steep increase in agreed hull values and passenger numbers/departures
heightened exposure
A continually declining premium base
Barely covering attritional losses – trending up
A sustainable future?

7. it was the age of wisdom, it was the age of foolishness
Perceptions of the Market
The Expectations of the Insured and Brokers
Are always aligned?
The Expectations of Plaintiffs
The Delivery of Insurers
Differing Views, Differing Locations and Differing Continents
Airlines’ reliance upon the Insurers

8. it was the spring of hope, it was the winter of despair
The Aviation Insurance Product – Specific Coverage Issues
Its expansive nature
Its generous nature?
policy exclusions
The new risks – cyber
The (re)newed risks – terror/malicious acts
Sanctions – we all have this in common

9. we had everything before us, we had nothing before us,
The Challenge of Multi-jurisdictional settlements
Insurers or Insureds reticent/reluctant to settle?
Myth or reality?
The cost for insurers for not settling
The culture of airlines
The culture of plaintiff lawyers
The culture of courts

10. we were all going direct to Heaven, we were all going direct the other way
The Future?
A universal and aligned/uniform approach?
Unification of damages?
An inequitable legal environment?
An obsession with damages
The US – no longer the jurisdictional El Dorado?
Politicising Liability

11. Thank you