Abstract
This Note describes the history of the common law development of warranties, representations, and the other related terms involved in aviation insurance law and will review the legislative response to this development. This Note also shows how the different definitions, statutes and interpretations have created uncertainty among the courts, legislatures, insurer and insured in aviation insurance law. It discusses how the focus on definitional analysis and the statutory response has been highly ineffective and has added to the confusion. Finally, it suggests that because disparate treatment of aviation insurance policy provisions originated in the common law, the necessary changes should be effected through the common law as well. This Note advances the argument that the courts should apply contribute-to-the-loss analysis to all policy provisions to achieve uniformity among jurisdictions and to avoid forfeiture of coverage for breaches which in no way contribute to the loss sustained.
How to Cite
30 Ariz. L. Rev. 515 (1988)
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