Title 49TransportationRelease 119-73

§44306 Premiums and limitations on coverage and claims

Title 49 › Subtitle SUBTITLE VII— - AVIATION PROGRAMS › Part PART A— - AIR COMMERCE AND SAFETY › Subpart subpart iii— - safety › Chapter CHAPTER 443— - INSURANCE › § 44306

Last updated Apr 6, 2026|Official source

Summary

Premiums for insurance or reinsurance under this law must, when practical, be set based on the risk. The Secretary may allow insurers to include costs for services and facilities that are normal business practices, but not payments made to promote or solicit insurance. The Secretary of Transportation can provide coverage for up to 1 year. It can be renewed in extra periods of no more than 1 year each only if the President decides before each renewal that the aircraft needs to keep operating for air commerce, national security, or U.S. foreign policy. Each policy must state an amount no greater than the aircraft’s value, as the Secretary decides using reasonable commercial aviation insurance practices, and claims cannot exceed that stated amount.

Full Legal Text

Title 49, §44306

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(a)To the extent practical, the premium charged for insurance or reinsurance under this chapter shall be based on consideration of the risk involved.
(b)In setting premium rates for reinsurance, the Secretary may make allowances to the insurance carrier for expenses incurred in providing services and facilities that the Secretary considers good business practices, except for payments by the insurance carrier for the stimulation or solicitation of insurance business.
(c)The Secretary of Transportation may provide insurance and reinsurance under this chapter for a period of not more than 1 year. The period may be extended for additional periods of not more than 1 year each only if the President decides, before each additional period, that the continued operation of the aircraft to be insured or reinsured is necessary in the interest of air commerce or national security or to carry out the foreign policy of the United States Government.
(d)The insurance policy on an aircraft insured or reinsured under this chapter shall specify a stated amount that is not more than the value of the aircraft, as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry. A claim under the policy may not be paid for more than that stated amount.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 44306(a)49 App.:1532(b).Aug. 23, 1958, Pub. L. 85–726, § 1302(b), (c), 72 Stat. 801; restated Nov. 9, 1977, Pub. L. 95–163, § 2, 91 Stat. 1279. 44306(b)49 App.:1532(c). 44306(c)49 App.:1537(a) (last sentence less words between 2d and 3d commas).Aug. 23, 1958, Pub. L. 85–726, § 1307(a) (last sentence less words between 2d and 3d commas), 72 Stat. 804; Oct. 4, 1984, Pub. L. 98–443, § 9(b), 98 Stat. 1706. In subsection (a), the words “To the extent” are substituted for “insofar as” for consistency. In subsection (b), the word “initial” is omitted as surplus. The words “The period” are substituted for “Such insurance or reinsurance”, and the words “the President decides . . . that the continued operation of the aircraft to be insured or reinsured is necessary to carry out the foreign policy of the United States Government” are substituted for “the President makes the same determination with respect to such extension as he is required to make under paragraph (2) of subsection (a) of this section for the initial provision of such insurance or reinsurance”, for clarity. In subsection (c), the words “or reinsured” are added for consistency. The words “to be paid in the event of total loss” are omitted as unnecessary because of the last sentence. The words “A claim under the policy may not be paid for more than that stated amount” are substituted for “the amount of any claim which is compromised, settled, adjusted, or paid shall in no event exceed such stated amount” to eliminate unnecessary words.

Editorial Notes

Amendments

2003—Subsec. (b). Pub. L. 108–176, § 106(c), substituted “by the insurance carrier” for “by the air carrier”. Subsec. (c). Pub. L. 108–176, § 106(e), made technical correction to directory language of Pub. L. 107–71, § 124(b). See 2001 Amendment note below. 2002—Subsec. (c). Pub. L. 107–296 made technical correction to directory language of Pub. L. 107–71, § 147. See 2001 Amendment note below. 2001—Subsec. (b). Pub. L. 107–42, § 201(d)(2), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub.L. 107–71, § 147, as amended by Pub. L. 107–296, substituted “1 year” for “60 days” in two places. Pub. L. 107–71, § 124(b), as amended by Pub. L. 108–176, § 106(e), inserted “in the interest of air commerce or national security or” before “to carry out the foreign policy”. Pub. L. 107–42, § 201(d)(1), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 107–42, § 201(d)(1), redesignated subsec. (c) as (d). 1997—Subsec. (c). Pub. L. 105–137 substituted “as determined by the Secretary in accordance with reasonable business practices in the commercial aviation insurance industry.” for “as determined by the Secretary.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2003 AmendmentAmendment by section 106(c) of Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. Pub. L. 108–176, title I, § 106(e), Dec. 12, 2003, 117 Stat. 2499, provided that the amendment made by section 106(e) is effective Nov. 19, 2001.

Effective Date

of 2002 Amendment Pub. L. 107–296, title XII, § 1203, Nov. 25, 2002, 116 Stat. 2287, provided that the amendment made by section 1203 is effective Nov. 19, 2001. Delegation of Authority Authority of President under subsec. (c) of this section delegated to Secretary of Transportation, with certain conditions, by Memorandum of President of the United States, Dec. 27, 2013, 79 F.R. 527, set out as a note under section 44302 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 44306

Title 49Transportation

Last Updated

Apr 6, 2026

Release point: 119-73