I profili di responsabilità legati alle nuove tecnologie

1. Global Corporate & Commercial Italia Underwriting - Aviation Italia I profili di responsabilitàlegatiallenuovetecnologie La responsabilitàciviledell’aeromobile a pilotaggioremoto: alcuniaspettiassicurativitracriticità e nuoveopportunità Andrea Lanzaro

2. Remotely Piloted Aircraft System Components As a minimum, a typical RPAS is composed of: Aerial Vehicle (aircraft) Payload(s) Data Link Systems Control Station (Ground Control Station + Launch & Recovery System)

3. Insurance • AVIATION • Remotely Piloted Aircraft TP Liability (including War and Terrorism) • Aviation Product Legal Liability • Aircraft Hull A.R. / W.R. • Spare Parts • Pilot Loss of Licence • Personal Accident (?) • AND... “NOT AVIATION” • Property / Transit • Model Aircraft TP Liability

4. Insurance Third Party Liability Covers liability to third parties arising out of a loss event causing bodily injury and/or property damage to third parties as a consequence of RPAS failure.* Physical loss or damage to RPAS Physical loss or damage to RPAS (airframe, payload) whilst in use/operation/testing Spare Parts Physical loss or damage to Spares (parts not attached to the RPAS) * Cyber Liability, privacy and data implications are not covered under the AVN policy

5. Insured RPAS Operators RPAS Operator’s clients RPAS Manufacturers RPAS Distributors Maintenance Operators RPAS Pilots

6. Risk Assessment - 1 Certifications, Registrations and Authorisations (RPA, Operator, Pilot) MTOM – airframe and payload RPAS type and model Use and operating environment Mode and area of operation (controlled, restricted or segregated airspace) Flight profile / hours Safety systems Pilot’s experience and Licence Loss history Legal framework (liability, contract, air navigation)

7. Risk Assessment - 2 RPA TYPE Make & Model Fixed Wing or Rotor Wing Fleet Total Time Number of Air Vehicles per GCS Maximum Take Off Mass (MTOM) Wingspan or Rotor Diameter Maximum Operating Altitude

8. Risk Assessment Maximum Range Maximum Endurance Single Engine or Multi Engine Engine type Automatic deployment of any recovery parachute in case of malfunction during the flight

9. Risk Assessment – 3 Operating Environment Segregated / Not Segregated Congested / Not Congested Urban / Semi-Urban Industrial / Rural Archaeological Coastal (inshore) / Maritime (offshore) Mixed Operations Specialised / Non Specialised (remunerated or not) Critical / Non critical Civil / Government / Military Non-hazardous / Hazardous

10. Risk Assessment - 4 USE (an extremely versatile, flexible and cheap tool) “Aerial Work” (Video, photo, data collection, “drone journalism”, etc…) Scientific research (environmental, atmospheric and meteorological sensing) Agricultural (e.g. crop/forest survey, monitoring, spray etc.) Law enforcement (e.g. border patrol, peacekeeping, crowd control etc.) Disaster/emergency monitoring (e.g. fire/hazard survey) Maritime / coastal surveillance (homeland security) Telecommunications / satellite relay / digital divide Utilities inspection (e.g. powerline monitoring) And many others .................

11. Risk Assessment - 5 PAYLOAD Make & Model Simultaneously on Board and Function Value(s) Hazardous materials or components (e.g. chemical or radioactive)

12. Risk Assessment - 6 LAUNCH & RECOVERY Take-off (area, conventional undercarriage, launch rail, rocket assisted) Recover/land (area, parachute, conventional landing on undercarriage) Manoeuvres fully autonomous or external pilot? GCS MANAGEMENT & OPERATORS Number of operators per GCS Qualification of Operators (“Commander” and “Pilot(s)”) Total RPAS type hours

13. Loss & Claims Handling • Analysis of legal framework / liability • Hold Harmless Agreements and Waiver of Subrogation • Operator / Client responsibilities agreements • ATC (integration of RPA’s within non – segregated airspace and within the Air Traffic Control System) • Value Assessment • Accident Investigation / Survey

14. Liability scenario C.A.A. and Air Traffic Control Datalink (Cyber liability) Manufacturer Pilot in command Operator / Owner / (and Client) Airport / landowner

15. Insurance / Liability • ENAC Regulation “Remotely Piloted Aerial Vehicles” • Insurance • General Provisions for RPAS Art. 20: “A RPAS cannot be operated without valid, adequate third party insurance, not less than the minimum insurance coverage of the table in Article 7 of Reg. (EC) No 785/2004” • Liability • Operator • Pilot Art. 17 : “Pursuant to the Code of Navigation, the pilot of the RPAS is responsible for the safe operation of the flight” • Client Art. 6: “ ..in case of specialised operations carried out for third parties, an agreement must be signed between the RPAS operator and the client by which the parties define their respective responsibilities and agree on the suitability of RPAS for the planned operations...”

16. Some insuranceconsequences Not easy Risk Assessment / Risk quotation Higher Hull Rates Higher Hull Deductibles / Liability Deductibles Hull Deductibles applicable also to Total Loss Higher liability premium Difficult and expensive claims handling

17. QUESTIONS ? THANK YOU !