September 2008

Dear Gretchen,

Your copy of Aircraft Builders Council News has arrived!

Aircraft Builders Council News

ABC News
President's Message
David McClain, ABC President

The ABC Board of Trustees held its annual Spring Underwriting Meeting in April.  During the meeting, the Board elected its officers for the 2008-09 term.  The new officers are: President – David McClain (PPG Industries), Vice President – Michael Gurrieri (Sequa Corporation), Treasurer – Susan Aselage (Sabreliner Corporation), and Secretary – David Johnson (Eaton Corporation).  The Board also recognized the Marketing Committee’s exceptional job in producing the new ABC brochure, which received the Communications Excellence award from The Midwest Society of Association Executives Awards of Excellence.

ABC Brokers Committee News
ABC Brokers Committee

Since our last news letter at the beginning of this year the wind of change has started to blow through the aviation insurance market and more particularly the airline account. The soft market that had brought about continued premium reductions in recent years seems to be coming to an end. The prevailing vertical market in more recent times has seen the gap between the leader’s terms and the following market, dramatically reduced; in some cases the following market terms have exceeded those of the leader’s.

Mendes Legal Update: California Adopts the "Sophisticated User" Defense by Placing a Label on Already Existing Legal Principles
Darrell M. Padgette, Mendes & Mount, LLP
Manufacturers may be held liable in negligence and in strict products liability for inadequate warnings or a failure to warn. However, the sophisticated user defense insulates manufacturers from liability for such claims when (1) an injured end user knew of the product's dangers; or when (2) an intermediate purchaser (i.e., a sophisticated user) knew or should have known about the product dangers, even though the ultimate user did not. As such, the sophisticated user defense acts as an exception to a manufacturer's general duty to warn. On April 3, 2008 the California Supreme Court unanimously adopted the "sophisticated user" defense to negligence and strict product liability causes of action.

ABC 2008 Conference Scheduled for September 21-23, 2008
Aircraft Builders Council, Inc.
The 2008 Aircraft Builders Council Annual Conference will take place September 21-23 at The Fairmont San Francisco in San Francisco, CA. 

Important information regarding Conference Registration, Continuing Education, Housing, Transportation, as well as information about the "Scaling the Heights" guest tour and luncheon are now available online.

ABC Receives Awards of Excellence from the Midwest Society of Association Executives
Aircraft Builders Council

The Aircraft Builders Council has been awarded by the Midwest Society of Association Executives (MSAE) an Award of Excellence in Communication.

ABC Welcomes your Feedback
Aircraft Builders Council, Inc.

Is the ABC program everything you want it to be? To better serve you, ABC has added a new Comment Box to the ABC home page. If you have any comments about the ABC program - what works well and what could be improved - type your comments in the Comment Box for review. All comments are anonymous and appreciated!

Are rising fuel costs hurting the aviation insurance market?
Lloyd's of London
With rising fuel costs forcing many airlines to cut back on services and ground aircraft, industry experts have predicted that the aviation insurance industry could be set for a difficult year ahead.

Pollution Risks No Longer Immune To Soft Market Pressure As Prices Fall
National Underwriter Company
Mark E. Ruquet
While it won’t shock most casual insurance observers to hear that environmental pollution coverage is experiencing the same price softening as the rest of the property-casualty market, it does come as a surprise to brokers who specialize in the niche. Indeed, since its inception more than 20 years ago, brokers say this line has been relatively immune from soft market pressures.

Firms Should Prepare For Future Risk, Lloyd’s Warns
National Underwriter Company
Caroline McDonald
Liability concerns over product recalls and other risks have stifled company innovation and monopolized the focus of boards, leaving them more vulnerable to future liability risks, Lloyd’s warned in a new report

Good Samaritan Doctrine and Law
The Good Samaritan doctrine is a legal principle constructed to encourage unpaid persons to voluntarily rescue or provide medical assistance without fear of being successfully sued for wrongdoing. Good Samaritan statutes exist in all fifty states and the District of Columbia.

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