Jurisdiction(s):
United Kingdom

Ukraine conflict aviation insurance: claims under operator and contingent/possessed policies, war risks causation, sanctions and jurisdiction, and implications of AerCap v AIG

Published by a LexisNexis Insurance & Reinsurance expert

Practice notes

STOP PRESS:

On 11 June 2025, the High Court delivered its judgment in a test case uniting six claims brought by AerCap and other lessors against their insurers. The court determined that:

the relevant aircraft and engines were lost in March 2022
the proximate cause of that loss was the coming into force of a Russian Government Resolution (GR 311), which constituted a “restraint” or “detention” under the Government perils of each claimant’s war risk cover; the loss was not proximately caused by any hull all risks peril
each claimant could recover for its lost aircraft and engines under the contingent cover of its policy or policies, save for Genesis’s claim regarding the share of its war risk cover underwritten by TMK Syndicate 510, which failed
no claimant had a valid claim under the possessed cover of its policy or policies

On 31 March 2026, the Court of Appeal granted war risks insurers Fidelis, Lloyd’s and Chubb permission to appeal their liability, having held that their appeal had a prospect of success. See News Analysis: War-risk...

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Russell Butland

A&O Shearman

Russell has experience in advising major international corporations and financial institutions on a wide range of commercial disputes in the English Courts and international arbitration proceedings. He has particular expertise in insurance disputes, regularly acting for policyholders in high value, complex claims under professional indemnity, directors and officers, property damage and business interruption, aviation, and trade credit and political risk claims. In addition to advising on insurance litigation, Russell also has particular expertise acting for defendants in competition damages claims.Russell is ranked “Up and Coming” for Insurance: Policyholders in Chambers, and his directory quotes from clients include: "Russell explains complex subjects in a straightforward and easy to understand way. He understands our goals and is very commercial.", "He made us feel we were in good hands every step of the process." (Chambers UK 2023) and "Russell Butland - Strikingly able and tests every angle of an...

Hugo Flaux

A&O Shearman

Hugo is a Senior Associate in Allen & Overy’s London team, advising clients on insurance and commercial disputes. He advises financial institutions and corporate clients, particularly in the shipping and aviation sectors, in litigation and arbitration matters. He regularly acts for policyholders in insurance disputes, including in professional indemnity, directors and officers, and aviation claims.A directory quote from a client said: “Hugo Flaux is brilliant. He performs well beyond his level of qualification and has a great sense of humour. He is extremely clever, and was on top of all the legal arguments in our case, as well as the evidential aspects. His ability to get to grips with the technical aspects of the case was impressive. He was also super-organised on the procedural front. All in all, a dream to work with!” (Legal 500 UK, 2021)....

Web page updated on 22/05/2026

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