§ 15.103 - Exclusions.  


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  • § 15.103 Exclusions.

    A publisher that requests indemnification under this part will not be indemnified if -

    (a) The complaint filed against the publisher, or demand for payment against the publisher, first occurred before December 19, 1985;

    (b) The publisher does not negotiate a good faith settlement;

    (c) The publisher does not conduct a good faith defense;

    (d) The defective or deficient flight procedure or airway -

    (1) Was not promulgated by the FAA;

    (2) Was not accurately depicted on the publisher's chart or map;

    (3) Was not accurately displayed on a visual display in the cockpit, or

    (4) Was obviously defective or deficient;

    (e) The publisher does not give notice as required by § 15.107 of this part and that failure is prejudicial to the Government; or

    (f) The publisher does not appeal a lower court's decision pursuant to a request by the Administrator under § 15.111(d)(2) of this part.