Loss of license insurance: What happens when pilots lose their license and the insurance company doesn't pay out?
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Loss of license – existential consequences for pilots
For pilots, losing their pilot's license is not just a temporary restriction, but often the abrupt end of their career. Unlike many other professions, the ability to work is directly linked to physical fitness and a valid medical certificate. If the license is revoked or not renewed, the possibility of continuing to work as a pilot is usually lost.
The so-called Loss of License insurance, often also called LOL insurance or flight incapacity insurance, is designed to cover this specific risk. It is a special case of disability insurance and takes into account the particular circumstance that for pilots, the loss of their license alone triggers a significant financial setback.
However, if a dispute arises with the insurer, for example because the benefit is refused or delayed, a thorough review is necessary. Insurance law required. Rogert & Ulbrich represent pilots nationwide in enforcing their claims under loss of license insurance.
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3Loss of license as a special case of disability insurance
The classic Disability insurance This requires that the insured person is no longer able to perform at least 50 percent of their most recently held occupation. For pilots, this threshold is subject to considerable evidentiary requirements, as it is not solely the loss of license that is decisive, but rather the specific medical capacity to perform the job.
Loss of license insurance goes further. In many policy terms, the revocation of the license due to illness, accident, or incapacity is already considered the occurrence of the insured event. The insured pilot then no longer needs to provide separate proof of being impaired in the sense of occupational disability. The loss of the license itself triggers a benefit payment.
Typically, professional pilots are insured, and sometimes flight attendants, student pilots, or air traffic controllers are also covered. The exact scope of the insurance coverage is determined solely by the policy terms and conditions.
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Medical unfitness to fly and revocation of license
A key requirement for receiving benefits from Loss of License insurance is medical unfitness to fly. This is determined by an aviation medical examiner. The basis for this determination is the medical certificate, which must be renewed regularly.
If a pilot no longer receives a positive medical certificate, their license will be revoked or not renewed. Many insurance policies define an insured event as an expected inability to fly for at least six months due to illness or accident.
The decisive factor is always the health-related aspect. Purely behavioral or disciplinary measures do not lead to an insured loss. Exclusions must also be considered, particularly in cases of mental illness, alcohol or drug abuse. Whether such an exclusion applies in a specific case requires careful legal review.
If your insurance company is causing problems – talk to lawyer Dario Kovac
Is your insurance company refusing to pay or delaying the settlement? Lawyer Dario Kovac He has been assisting clients with disputes with insurance companies, particularly legal expenses insurers, since 2019. His previous work at ARAG He is familiar with typical rejection strategies from practice.
- Review of your benefit claim
- Consistent enforcement
- No communication with the insurance company
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Time of entitlement to benefits in case of loss of license
The point in time at which the entitlement to benefits arises is of considerable importance. In practice, the question often arises whether the medical determination of unfitness to fly is sufficient or whether the formal revocation of the license must be awaited.
The answer depends on the specific terms of the contract. For pilots, the timing is crucial, as it determines the duration of pension payments or the lump sum payment. An incorrect classification can lead to significant financial disadvantages.
Loss of license and daily sickness allowance insurance
Unfitness to fly also plays a role in the area of daily sickness allowance insurance. It is often treated as equivalent to total incapacity for work. Nevertheless, the two branches of insurance must be considered separately from a legal perspective.
Benefits from a loss of license insurance policy are not automatically considered benefits from a disability insurance policy under the terms and conditions of daily sickness benefits. This is precisely where questions of demarcation repeatedly arise between the insurers involved.
Typical points of contention with the insurer
In practice, pilots encounter recurring patterns of argumentation from insurers. The permanence of the unfitness to fly is frequently questioned, or exclusion clauses are invoked. Sometimes, the argument is made that the impairment is merely temporary or that the cause is not covered.
Pre-contractual disclosure obligations also play a central role. Insurers check whether all health-related questions were fully answered when the insurance policy was taken out. If a breach of the disclosure obligation is alleged, rescission, withdrawal, or contract adjustment may be considered. However, the burden of proof lies with the insurer.
Especially with highly specialized products like Loss of License insurance, a precise analysis of the contract clauses and medical findings is essential.
Experience in insurance law – nationwide representation for pilots
Rogert & Ulbrich have been practicing insurance law for many years and represent clients nationwide in disputes with insurers. Our firm has experience in proceedings concerning disability insurance, loss of license, and special insurance products for pilots.
We are familiar with the specifics of loss of license insurance, the medical interfaces, and the typical lines of argument used by insurers. We represent clients both in and out of court before the relevant local courts, regional courts, and higher regional courts.
Our approach as a lawyer specializing in Loss of License Insurance
First, we analyze the content of your insurance contract and the specific details of the LOL insurance. Then, we evaluate the medical assessment of your unfitness to fly and the insurer's justification.
Based on this, we develop a structured strategy to enforce your claims. Depending on the circumstances, this is done either through out-of-court settlement or by filing a lawsuit against the insurer. The goal is to consistently secure the benefits contractually guaranteed to you.
10 Questions & Answers about Loss of License Insurance
Have your loss-of-license case legally reviewed now
If your Loss of License insurance company denies coverage or expresses doubts about your unfitness to fly, you should not accept the decision without question. For pilots, this often concerns their financial security and long-term planning stability.
Have your case reviewed by a lawyer specializing in insurance law to clarify what claims you are entitled to under your Loss of License insurance. Schedule a consultation and gain legal clarity.
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