HC Deb 25 June 1936 vol 313 cc2105-6

Amendments made: In page 33, line 34, leave out paragraph (iv), and insert,— (iv) in the case of any aircraft, by specifying as the amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss or damage caused on any one occasion to persons or property on land or water by, or by a person in, or an article or person falling from, that aircraft while in flight, taking off or landing, an amount not less than the total limit of liability appropriate to that aircraft; (v) in the case of any aircraft, by specifying as the amount up to which the insurer undertakes to indemnify the insured against liability incurred by him by way of damages in respect of loss of or damage to property on land or water caused on any one occasion by, or by a person in, or an article or person falling from, that aircraft while in flight, taking off or landing, an amount not less than the limit of liability for property claims appropriate to that aircraft; or".

In page 36, line 1, after "insurer," insert "in relation to any aircraft."

In line 2, leave out from the second "court," to end of line 14, and insert: may determine the maximum liability of the insurer in respect of the claims and also, if need be, his liability in respect of such of those claims as are for loss of or damage to property, and may distribute the amount of his liability among the several claims on the following principles:—

  1. (a) if the claims are solely in respect of loss of life or personal injury or solely in respect of loss of or damage to property, the amount of the liability shall be distributed rateably;
  2. (b) if there are claims both in respect of loss of life or personal injury and in respect of loss of or damage to property, one-half of the insurer's total maximum liability shall be appropriated, so far as necessary, to meeting claims for loss of life or personal injury and shall be distributed rateably among them, and the other half shall be distributed rateably among all the claims, including claims in respect of loss of life or personal injury if and so far as they exceed the aforesaid appropriation."

In line 15, leave out "in determining the total amount of the claims," and insert "for the purposes of this subparagraph."

In line 18, at the end, insert: (5) Where an application is made to the court under the last preceding sub-paragraph the court may stay any proceedings pending in any other court in relation to the same matter and may give such directions as the court thinks proper for the joining of persons interested as parties to the proceedings, for the exclusion of claims which are not brought before the court within a certain time, and for requiring security from the insurer."—[The Solicitor-General.]