Monday, November 03, 2008 6:39:17 PM
I keep asking if Paradigm has liability insurance.
Here is what the Safety Act says in part.
https://www.safetyact.gov/DHS/SActHome.nsf/Home?ReadForm#
Rules and Regulations Federal Register
33147
Vol. 71, No. 110
Thursday, June 8, 2006
The SAFETY Act provides that, before
designating a Qualified Anti-Terrorism
Technology, the Secretary will examine
the amount of liability insurance the
Seller of the technology proposes to
maintain for coverage of the antiterrorism
technology at issue. Under
section 864(a), the Secretary must
certify that the coverage level is
appropriate ‘‘to satisfy otherwise
compensable third-party claims arising
out of, relating to, or resulting from an
act of terrorism when qualified antiterrorism
technologies have been
deployed.’’ § 864(a)(1). While the Act
provides the Secretary with significant
discretion in this regard, the Secretary
may not require the Seller to obtain
liability insurance of more than the
maximum amount of liability insurance
reasonably available from private
sources on the world market. Likewise,
the Secretary may not require a Seller to
obtain insurance, the cost of which
would unreasonably distort the sales
price of Seller’s anti-terrorism
technologies. § 864(a)(2). Although the
Secretary may permit the Seller to selfinsure,
he may not require the Seller to
self-insure if appropriate insurance is
unavailable. § 864(a)(2).
The Secretary does not intend to set
a ‘‘one-size-fits-all’’ numerical
requirement regarding required
insurance coverage for all technologies
that have been designated as QATTs.
Instead, as the Act suggests, the inquiry
will be specific to each application and
may involve an examination of several
factors, including without limitation the
following: (i) The amount of insurance
the Seller has previously maintained;
(ii) the amount of insurance maintained
by the Seller for other related
technologies or for the Seller’s business
as a whole; (iii) the amount of insurance
typically maintained by Sellers of
comparable technologies; (iv) data and
history regarding mass casualty losses;
and (v) the particular technology at
issue. Once the Secretary concludes the
analysis regarding the appropriate level
of insurance coverage (which typically
will include discussions with the
Seller), the Secretary will provide a
description of the coverage appropriate
for the particular Seller of a Qualified
Anti-Terrorism Technology to maintain.
Here is what the Safety Act says in part.
https://www.safetyact.gov/DHS/SActHome.nsf/Home?ReadForm#
Rules and Regulations Federal Register
33147
Vol. 71, No. 110
Thursday, June 8, 2006
The SAFETY Act provides that, before
designating a Qualified Anti-Terrorism
Technology, the Secretary will examine
the amount of liability insurance the
Seller of the technology proposes to
maintain for coverage of the antiterrorism
technology at issue. Under
section 864(a), the Secretary must
certify that the coverage level is
appropriate ‘‘to satisfy otherwise
compensable third-party claims arising
out of, relating to, or resulting from an
act of terrorism when qualified antiterrorism
technologies have been
deployed.’’ § 864(a)(1). While the Act
provides the Secretary with significant
discretion in this regard, the Secretary
may not require the Seller to obtain
liability insurance of more than the
maximum amount of liability insurance
reasonably available from private
sources on the world market. Likewise,
the Secretary may not require a Seller to
obtain insurance, the cost of which
would unreasonably distort the sales
price of Seller’s anti-terrorism
technologies. § 864(a)(2). Although the
Secretary may permit the Seller to selfinsure,
he may not require the Seller to
self-insure if appropriate insurance is
unavailable. § 864(a)(2).
The Secretary does not intend to set
a ‘‘one-size-fits-all’’ numerical
requirement regarding required
insurance coverage for all technologies
that have been designated as QATTs.
Instead, as the Act suggests, the inquiry
will be specific to each application and
may involve an examination of several
factors, including without limitation the
following: (i) The amount of insurance
the Seller has previously maintained;
(ii) the amount of insurance maintained
by the Seller for other related
technologies or for the Seller’s business
as a whole; (iii) the amount of insurance
typically maintained by Sellers of
comparable technologies; (iv) data and
history regarding mass casualty losses;
and (v) the particular technology at
issue. Once the Secretary concludes the
analysis regarding the appropriate level
of insurance coverage (which typically
will include discussions with the
Seller), the Secretary will provide a
description of the coverage appropriate
for the particular Seller of a Qualified
Anti-Terrorism Technology to maintain.
