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Insurance Business | 21 Jul 2014, 10:10 a.m. Agree 0
The jetliner shot down last week could put Malaysia Airlines on the hook for hundreds of millions of dollars.
  • Murray Snell | 21 Jul 2014, 02:26 p.m. Agree 0
    "The accord caps payouts at $170,000 per passenger regardless of whether the airline is at fault".

    This statement is misleading. Unless an airline can prove it did not contribute to a loss whatsoever or that the loss was solely due to the negligence or wrongful act of a third party, its liability per passenger is in fact unlimited, with the amount of individual awards to be determined by the jurisdictions in which claims are able to be brought e.g. US$5m plus per passenger in the US. So it's strict liability up to US$170k regardless of fault but sky's the limit unless the airline can prove it is totally in the clear on causation.
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