Copyright 2001 eMediaMillWorks, Inc.
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Document Clearing House, Inc.)
Federal Document Clearing House
Congressional Testimony
October 24, 2001, Wednesday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 1798 words
COMMITTEE:
HOUSE FINANCIAL SERVICES
HEADLINE:
INSURANCE AND TERRORISM TESTIMONY-BY:
ROY A. WILLIAMS, DIRECTOR OF AVIATION
AFFILIATION:
LOUIS ARMSTRONG NEW ORLEANS INTERNATIONAL AIRPORT
BODY:
October 24, 2001
Statement of Roy A. Williams Director of Aviation,
Louis Armstrong New Orleans International Airport
Before the
Subcommittee on Capital Markets, Insurance, And Government Sponsored Enterprises
Committee on Financial Services
United States House of
Representatives
Good Afternoon. My name is Roy A. Williams and I am
Director of Aviation for the Louis Armstrong New Orleans International Airport
located in Kenner, Louisiana. I am here to testify regarding the financial
impact of the events of September 11, 2001 on our airport and our ability to
continue functioning as an economically competitive provider of airport services
to our community. In particular, I have been asked to offer testimony regarding
the availability of insurance for operations at the airport and the increased
costs involved where we have found insurance.
General Information about
Louis Armstrong New Orleans International Airport
Louis Armstrong New
Orleans International Airport serves Southeastern Louisiana and the Gulf South
with extensive domestic and international service. Sixteen passenger carriers
and air cargo carriers operate scheduled service to and from the airport, along
with numerous charter, corporate, and general aviation flights. In the twelve
months ending August 2001, we served move than 10 million passengers, an
all-time record. Louis Armstrong ranks 39th in the United States for total
passenger traffic. The airport is located entirely in Jefferson and St. Charles
Parishes. The New Orleans Aviation Board, appointed by the Mayor of the City of
New Orleans, manages the airport. The nine member board includes representatives
from New Orleans, Jefferson, and St. Charles Parishes.
The Jefferson
Parish and St. Charles Parish Sheriff offices provide primary law enforcement,
with additional support from the Kenner and New Orleans Police Departments.
Numerous Federal agencies have a presence at the Airport, including the Federal
Aviation Administration, Federal Bureau Investigation, United States Customs
Service, Immigration Naturalization Service, and the Department of Agriculture.
We also benefit from the presence of the Louisiana National Guard.
Passenger security screening is provided by ITS and Wackenhut. They are
private firms working directly for the airlines serving New Orleans. The airport
does not have a number of activities, found at many airports, which could pose
additional security issues. For example, we do not have a major aircraft
maintenance facility, a passenger or cargo connecting hub, or an airline
reservation center.
Overview of Airport Insurance Availability Since
September 11, 2001
As a consequence of the September 11 th events, the
worldwide aviation insurance market has been in a state of crisis. Initially,
the underwriting community's emphasis was directed at the airline portfolio;
then their attention quickly shifted to other lines of aviation risk coverage,
including airport liability, with negative implications.
Immediately
after the attacks on the World Trade Center and the Pentagon, the underwriters
issued notices of cancellation of "War, Hi-Jacking and Other Perils" risk
liability, which includes acts of terrorism, to all airlines. To permit
continuing airline service, Congress passed the Air Transportation Safety and
System Stabilization Act, which included a mechanism for the federal government
to indemnify air carriers for all war and terrorism risk above
$
100 million.
In late September, airports were put on
notice that their war insurance would be cancelled as of October 1, 2001.
Although underwriters are beginning to offer war risk insurance, again, there
has been no commitment whatsoever from the insurance industry that reasonable
reinstatement terms will be offered to airports. That is why airports are
continuing to petition the market, Congress and Department of Transportation for
this essential coverage. In essence, airports are uninsured or "naked" with
respect to this risk coverage and are exposed to substantial third party
liability risk going forward. Currently, airports are solely dependent on state
sovereign immunity laws to back them up. The problem is that these laws vary in
inclusiveness across the states, they may not fully cover proprietary
responsibility, and they do not cover all airport operating entities such as BAA
USA, which operates the Indianapolis International Airport, the JFK/IAT
International Air Terminal Group which operates Terminal 4 at John F. Kennedy
International Airport, or the company that operates Stewart Airport. Also, where
state sovereign immunity law applies, 3 rd party claims would go unsatisfied, a
moral/ethical issue that concerns most governmental entities operating airports.
Prior to the September 11 th events, airports usually had substantial
levels of war and terrorism risk included as part of their general airport
liability coverage, generally $
300 million at airports such as
Louis Armstrong Airport to $
1 billion for large hub airports.
To date, three insurers have come back into the market with a product that is
expensive and has a very limited and inadequate liability cap of
$
50 million. At least one of the available policies contains
massive exclusions such as screening, baggage and security functions. In
addition, all policies still include the 7-day cancellation clause, which would
allow insurers to cancel their policy on short notice.
Impact of
September 11 at Louis Armstrong Airport
Prior to September 11 th , the
airport was able to acquire adequate insurance at reasonable premiums. For the
12 months ending September 30, 2001, our policies covered essentially all risks,
including War and Terrorism, up to $
300 million. Our annual
premium was $
321,000 and our provider was Westchester.
We began searching for a replacement policy after the events of
September 11th. By September 20 we had an insurance proposal for the coming
year, but it is quite different from the
insurance we
previously had. The new policy excludes war and
terrorism,
completely, it excludes coverage for officers and directors, and it costs
significantly more - $
520,350 for $
300 million
of coverage.
The airport continued to seek additional coverage and was
later offered an amended proposal that included $
50 million of
war and terrorism coverage, at an added cost of $
450,000. A
second provider was able to offer $
50 million of this coverage
for a premium of $
303,000. We were also able to obtain officers
and directors coverage for $
8,000.
The board sought
additional coverage, hoping to bring the airport to the pre-September level, but
none was available. We accepted and "bound" the offers we had. As of this time,
we have similar general liability coverage to what we had before September 11,
but far less for war and terrorism coverage. And, the airport's annual premiums
have nearly tripled.
Just this week, we have received one additional
insurance option that we are considering. For a $
572,950 annual
premium, we can obtain $
100 million in additional war and
terrorism coverage, increasing our total protection for this coverage to
$
150 million. If we accept this option we will have half of our
prior war and terrorism coverage for a total annual premium of five times what
the airport paid last year: $
1.4 million versus
$
321,000 in the year 2000.
We will have no choice but
to charge this cost to the air carriers through increases in their rents and
landing fees. The $
1.1 million insurance premium increase I
have described represents a 3 percent increase in total air carrier costs. Put
another way, this increase could raise landing fee by 15 cents per 1,000 lbs. of
aircraft weight or approximately 22 cents per passenger.
The board
remains committed to maintaining adequate insurance to protect the airport. The
board is equally committed to minimizing air carrier costs and would therefore
welcome your help in providing airports with war and terrorism coverage at a
cost we can all afford.
Recommendations
Congress quickly stepped
into the marketplace to ensure that airlines would not be faced with financial
ruin as a result of the September 11 th tragedy. Our airport and airports across
the country will benefit by the fast action of the Congress in this regard.
However, as many people in this hearing are aware, our nations airports are a
primary driver of the economies of our nations' cities. It is at our airports
where jobs and value added services provide a tax base and economic opportunity.
In order to sustain those jobs, our airport and airports like it must remain
competitive and efficient.
The Louis Armstrong International Airport
cannot sustain the risks of insuring itself against perceived risks of terrorism
across the world by passing on the exorbitant costs of higher premiums through
higher landing fees. There is simply no mechanism for an individual airport to
recover these costs in an efficient and economic manner given the magnitude of
the risk compared with the limited resources available at any single airport.
Therefore, we recommend that the committee consider solutions that spread the
risk to individual companies and airports in as broad of a way as possible,
taking into account that the risks associated with an act of terror far exceed
the economic capacity of an individual airport to sustain. One of these
solutions would be to extend the federal war risk insurance program explicitly
to airports (the program now covers airlines and their vendors, agents and
subcontractors).
We are cautiously optimistic that the Louis Armstrong
International Airport has recovered from the downturn of air travel nationwide.
For the first half of October, the airport has handled an average of 157
flights, down 14% from a daily average of 180 flights reported in all of October
2000. The airport is at about 90% of air passenger volume reported in August and
85% of volume as compared with October 2000. We hope these numbers for New
Orleans will improve, but we cannot fulfill our obligation to our community
unless national volumes return to normal.
What will get those passengers
flying again? The single best means of getting back to business in air travel is
to restore confidence in the security of our planes and airports and to provide
stability in the marketplace. The uncertainty regarding the availability of
insurance and the calculation of risk associated with acts of terror creates a
background of instability that has wreaked havoc with the traveling public and
the insurance industry. Restoring the certainty of insurance at reasonable rates
should underpin any legislative effort to restore this confidence.
LOAD-DATE: November 7, 2001