EXHIBIT 10.13.2 - Aviation Insurance - JLT (2010) (Redacted)
LETTERHEAD: JLT
BINDER
This will serve to confirm that XL Specialty Insurance Company per XL Aerospace is binding their 100% quota share, Policy Number UA00004495AV09A, of the following coverage at the terms, conditions, limitations, exclusions, rates and premiums set forth below:
TYPE: AVIATION HULL DEDUCTIBLE INSURANCE.
INSURED: Baltia Air Lines, Inc.
ADDRESS: 63-25 Saunders Street, Suite 71, Rego Park, NY 11374
PERIOD: December 17, 2010 to December 17, 2011 on both dates at 12:01 A.M. local standard time at the address of the Named Insured.
INTEREST: Whereas the Insured has in force Hull All Risk Policy covering aircraft owned and/or operated by
the Insured and such Policy includes the provision for Deductibles excluding all forms of Total Loss.
SUM INSURED: Now this Policy will indemnify the Insured as follows:
To pay: USD 900,000 each and every loss
Excess of : USD 100,000 each and every loss
Subject to one deductible any one occurrence
Subject to an overall policy aggregate of USD 1,500,000
SITUATION: Worldwide
CONDITIONS:
Noise and Pollution and Other Perils Exclusion Clause AVN 46B in respect of Liabilities only (but not applicable to passengers, crew, baggage, cargo or mail and paragraph I (b) not applicable to pollution or contamination of a product or products sold or supplied by the Insured) and/or as per lead policy
Nuclear Risks Exclusion Clause: AVN 38B and/or as per lead policy
Additional Insureds, Loss Payables, Breach of Warranty, Waiver of Subrogation, Hold Harmless Agreements, Contractual Agreements, Cross Liability clauses as expiring and as may hereinafter be required and/or as per lead policy
JLT Aerospace (North America) Inc. is authorized to issue Certificates of Insurance on behalf of Underwriters. Special Provision; incorporated into the policy as if endorsed thereon.
War, Hi-jacking and Other Perils Exclusion Clause (Aviation) AVN48B and/or as per lead policy
60 days notice of cancellation or non-renewal (10 days notice for non-payment of premium)
"Disappearance" to mean missing and not reported for five (5) days after the commencement of a flight
Contract (Rights of Third Parties) Act 1999 Exclusion Clause AVN 72
Date Recognition Exclusion Clause AVN 2000A with Date Recognition Limited Coverage Clauses AVN 2001A and AVN 2002A and/or as per lead policy
Asbestos Exclusion Clause 2488 AGM00003
All other Terms, Conditions, Limitations, Exclusions and Cancellation Clauses where applicable to follow Hull All Risks Policy
PREMIUM:
[CONFIDENTIAL PORTION OMITTED AND FILED SEPARATELY WITH THE
COMMISSION PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT]
SCHEDULE OF AIRCRAFT:
| AIRCRAFT TYPE | SERIAL NO | REG NO. | PROJECTED ADDITION DATE | PROJECTED DELETION DATE | DAYS ON RISK | PRORATA FACTOR |
| Boeing 747-200 | 21035 | N705BL | 17-Dec-2010 | 17-Dec-2011 | 365 | 1 |
| Boeing 747-251B | 21705 | N623US | 17-Dec-2010 | 17-Dec-2011 | 365 | 1 |
DUTY OF DISCLOSURE
To the best of your knowledge, you have provided complete and accurate information which would influence the judgment of an underwriter in determining whether or not to underwrite the risk and, if so, upon what terms and at what premium. If all such information has not been disclosed, insurers may have a right to void the policy which will lead to claims not being paid. If you believe that you have not complied with this duty please contact us immediately.
The duty of disclosure and the consequences of its breach may vary to a limited degree from the foregoing dependant upon applicable law.
/signed/
Signed: JLT Aerospace (North America) Inc. Date: December 17, 2009
/signed/
Signed: Baltia Air Lines, Inc. Date: January 6, 2011
LETTERHEAD:
JLT
JLT Aerospace (North America) Inc.
2300 Dulles Station Blvd., Suite 230
Herndon, VA 20171
Main: 703459-2380
Facsimile: 703 459-2381
CERTIFICATE OF INSURANCE BA-10-003
This is to certify to:
| JFK International Air Terminal, LLC
Terminal 4, Room 161.022
JFK International Airport
Jamaica, New York 11430
| |
That:
| Baltia Air Lines, Inc.
Terminal 4, Room 263.047
John F. Kennedy International Airport
Jamaica, NY 11430
| |
|
as of this date, has arranged for the following insurance coverage(s) for the period and with underwriters as identified on the attached Security Sheet.
COVERAGES:COMPREHENSIVE AIRLINE LIABILITY INSURANCE
Including, but not limited to: Comprehensive General Liability, Bodily Injury and Property Damage to Third Parties, Personal Injury Liability, Contractual Liability, Premises, Products, Ground Hangarkeepers and Completed Operations Liabilities; subject to an annual aggregate of $25,000,000 as respe cts Personal Injury Liability. | Combined Single Limit
Each Occurrence*
$250,000,000 |
*REFER TO THE POLICY. AN ANNUAL AGGREGATE LIMIT APPLIES TO SOME COVERAGES.
GEOGRAPHICAL LIMITS: Worldwide
OTHER COVERAGES/CONDITIONS/REMARKSSubject always to the scope of the attached policies and all the policies' declarations, insuring agreements, terms, conditions, limitations, exclusions, deductibles, warranties and endorsements thereof remaining paramount: Solely as respects: (i) The Coverage(s) noted above; (ii) the Contract(s) (and then only to the extent of the Named Insured's obligation to provide insurance under the terms of the Contract(s)); and (iii) the operations of the Named Insured; the policies are endorsed to include the following provisions):
JFK International Air Terminal, LLC, Schiphol USA LLC, Schiphol USA Inc., LCOR Inc., LCOR JFK Airport LLC, Lehman JFK LLC, Lehman JFK LLC, Lehman JFK Inc., the Trustee, the Port Authority and the City of New Yc k are included as Additional Insureds ("the Additional Insureds") as their respective rights and interests may appear, warranted no operational interest; however, no party shall be included as an Additional Insured as respects its legal liability as manufacturer, repairer or servicing agent of the Aircraft and/or Engines.
Such insurance as is afforded the Additional Insureds shall not be invalldat: d and shall protect their interests regardless of any action or inaction of Lessee or any other Insured (other than any action or inaction of an Insured as the case may be, and then only as against such particular Insured) whether or not such action or inaction is a breach or violation of any warranties, declarations or conditions of the policies, but in no event shall this clause apply in the event of exhaustion of policy limits, nor to losses, claims, Expenses, etc., excluded from coverage under the policies.
In the event of cancellation or material changes of the policies by insurers which would adversely affect the interests of the Additional Insureds, Insurers agree to provide 30 days (ten (10) days in the event of cancellation for non-payment of premiums) prior written notice to the Certificate Holder(s).
This Certificate of Insurance is issued as summary of the insurances under the policies noted above and confers no rights upon the Certificate Holders as regards the insurances other than those provided by the policies. The undersigned has been authorized by the above insurers to issue this certificate on their behalf and is not an insurer and has no liability of any sort neither under the above policies nor as a result of this certification.| /signed/ | ___ | October 29, 2010 |
>| Authorized Representative | ___ | Date |
LETTERHEAD:
JLT
JLT Aerospace (North America) Inc.
2300 Dulles Station Blvd., Suite 230
Herndon, VA 20171
Main: 703459-2380
Facsimile: 703 459-2381
CERTIFICATE OF INSURANCE BA-10-003
SECURITY SHEET
POLICY TERM: October 30, 2010 to October 30, 2011, on both dates at 1:01A.M. Local Standard Time at the address of the Named Insured.
| INSURER | POLICY NUMBER |
Allianz Global Risks US Insurance Company
Per Allianz Aviation Managers, LLC
| A1AL00043301 OAM |
XL Specialty Insurance Company
Per X Aerospace | UA00004496AV10A
|
Catlin Syndicate 2003 at Lloyd's
Catlin France SAS.
| HA 1000272 382 H2 1
HA 4000272381 L2 |
Lloyd's of London Syndicate CVS1919
lronshore Specialty Insurance Company
Per Starr Aviation Agency, Inc.
| 10AL100032
IHM100109-01
|
StarNetlnsurance Company
Per Berkley Aviation, LLC
|
BA-1 0-10-00152 |
National Union Fire Insurance
Company of Pittsburgh, PA
Per Chartis Aerospace
|
HL 1859938-03
|
Underwriters at Lloyds of London,
British Insurance Companies and Others
Per JLT Reinsurance Brokers Limited
|
J51004002
|
Mitsui Sumitomo Insurance Company of America
Tokio Marine & Nichido Fire
Insurance Co. Ltd (USB)
Great Lakes Reinsurance (UK) pic
National Fire & Marine Insurance Company
Per Global Aerospace, Inc. |
337901/10A
337901/10S
|
Member Companies
Per La Reunion Aerienne
2010/60086
Torus Insurance (Europe) AG
Per Isosceles Insurance Ltd.
| BAL-01-001-10
|
SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
LSW 1001 (Insurance)
LETTERHEAD:
JLT
JLT Aerospace (North America) Inc.
2300 Dulles Station Blvd., Suite 230
Herndon, VA 20171
Main: 703459-2380
Facsimile: 703 459-2381
CERTIFICATE OF INSURANCE BA-10-000
This is to certify to:
| To Whom It May Concern
| |
That:
| Baltia Air Lines, Inc.
Terminal 4, Room 263.047
John F. Kennedy International Airport
Jamaica, NY 11430
| |
|
as of this date, has arranged for the following insurance coverage(s) for the period and with underwriters as identified on the attached Security Sheet.
COVERAGES:ALL RISKS (GROUND AND FLIGHT) AIRCRAFT HULL INSURANCE
Including All Risks (including transit) Aircraft Spare Parts Insurance
The Hull coverage is subject to a Deductible (not applicable to Total or Constructive Total Loss/Arranged Total Loss. Occurrence aggregate deductible equal to highest applicable deductible.)
| Hull Limit
$5,000,000
Each and Every Loss
$1,000,000
Spares Limit
$1,000,000 each occurence
|
COMPREHENSIVE AIRLINE LIABILITY INSURANCE
Including, but not limited to: Comprehensive General Liability, Bodily Injury and Property Damage to Third Parties, Personal Injury Liability, Contractual Liability, Premises, Products, Ground Hangarkeepers and Completed Operations Liabilities; subject to an annual aggregate of $25,000,000 as respects Personal Injury Liability.
| Combined Single Limit
Each Occurrence*
$500,000,000
|
*REFER TO THE POLICY. AN ANNUAL AGGREGATE LIMIT APPLIES TO SOME COVERAGES.
GEOGRAPHICAL LIMITS: Worldwide
EQUIPMENT INSURED: One (1) Boeing 747-200, Registration Number: N705BL, Manufacturer's Serial Number: 21035.
This Certificate of Insurance is issued as summary of the insurance under the policies noted above and confers no rights upon the Certificate Holders as regards the insurances other than those provided by the policies. The undersigned has been authorized by the above insurers to issue this certificate on their behalf and is not an insurer and has no liability of any sort neither under the above policies nor as a result of this certification.
| /signed/ | ___ | October 29, 2010 |
>| Authorized Representative | ___ | Date |
LETTERHEAD:
JLT
JLT Aerospace (North America) Inc.
2300 Dulles Station Blvd., Suite 230
Herndon, VA 20171
Main: 703459-2380
Facsimile: 703 459-2381
CERTIFICATE OF INSURANCE BA-10-000
SECURITY SHEET
POLICY TERM: October 30, 2010 to October 30, 2011, on both dates at 1:01A.M. Local Standard Time at the address of the Named Insured.
| INSURER | POLICY NUMBER |
Allianz Global Risks US Insurance Company
Per Allianz Aviation Managers, LLC
| A1AL00043301 OAM |
XL Specialty Insurance Company
Per X Aerospace | UA00004496AV10A
|
Catlin Syndicate 2003 at Lloyd's
Catlin France SAS.
| HA 1000272 382 H2 1
HA 4000272381 L2 |
Lloyd's of London Syndicate CVS1919
lronshore Specialty Insurance Company
Per Starr Aviation Agency, Inc.
| 10AL100032
IHM100109-01
|
StarNetlnsurance Company
Per Berkley Aviation, LLC
| BA-1 0-10-00152 |
National Union Fire Insurance
Company of Pittsburgh, PA
Per Chartis Aerospace
| HL 1859938-03
|
Underwriters at Lloyds of London,
British Insurance Companies and Others
Per JLT Reinsurance Brokers Limited
| J51004002
|
Mitsui Sumitomo Insurance Company of America
Tokio Marine & Nichido Fire
Insurance Co. Ltd (USB)
Great Lakes Reinsurance (UK) pic
National Fire & Marine Insurance Company
Per Global Aerospace, Inc. | 337901/10A
337901/10S
|
Member Companies
Per La Reunion Aerienne
2010/60086
Torus Insurance (Europe) AG
Per Isosceles Insurance Ltd.
| BAL-01-001-10
|
SEVERAL LIABILITY NOTICE
The subscribing insurers' obligations under contracts of insurance to which they subscribe are several and not joint and are limited solely to the extent of their individual subscriptions. The subscribing insurers are not responsible for the subscription of any co-subscribing insurer who for any reason does not satisfy all or part of its obligations.
LSW 1001 (Insurance)
