Transcript Slide 1
Drones PAMIC Spring Conference March 12, 2015 State College, PA Gerry Finley Sr. VP Casualty Underwriting Munich Re America [email protected] Image : http://www.faa.gov/ Drones Agenda Part Two Underwriting Considerations Legal Regulatory Landscape Risk Selection Nature of Risk Use Equipment Operator Qualifications Pricing Marketplace Wrap-Up Drones Legal/Regulatory Landscape Federal Aviation Administration (FAA) Responsible for Regulating all Aspects of Civil Aviation… ……Including Drone use (Confirmed in Administrator v, Pirker (FAA case No. 2012EA210009, NTSB Docket No. CP-217). FAA’s first attempt to control small drone use under existing regulations. March, 2014, a Federal NTSB judge threw out the fine imposed by the FAA saying the equipment used was not an “aircraft” FAA appealed to the full Safety Board of the NTSB in November, 2014 and won. http://www.faa.gov/ Drones Legal/Regulatory Landscape U.S. National Airspace System Generally Speaking: Class A : 18,000 ft and up Class B: busiest airports - up to 10,00 ft Class C : airports with radar -up to 4,000 ft Image: Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap - FAA 2013 Class D: airports with tower control only - up to 2,500 ft Class E: unless designated as A-D 14,500 to 18,000 ft Class G: Uncontrolled by Air Traffic Control FAA Aeronautical Information Manual, Chapter 3, Section 2, FIG 3-2-1 Drones Legal/Regulatory Landscape U.S. National Airspace System By law, FAA is responsible for regulating the use of “navigable airspace” in the US. “Navigable airspace”: “airspace above the minimum altitudes of flight including airspace needed to ensure safety in the takeoff and landing of aircraft” Personal (hobby) use of drones is permitted as “model aircraft.” Use of drones for commercial purposes prohibited until regulations are introduced. Image: Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap - FAA 2013 Congressional Directive: In 2012, the US Congress directed the FAA to issue regulations for commercial drone use by 2015; also prohibited new restrictions on the non-commercial (hobby) use of drones. Types of UAS operations for FAA Certification Purposes: Commercial (Civil), Commercial (Public) and Model/Recreation Aircraft..... Drones Legal/Regulatory Landscape FAA Certification - Personal Use FAA Advisory Circular 91-57 limits use to: Below 400 feet, Minimum 3 miles away from airports and air traffic without FAA authorization Within sight of the operator. June 2014, FAA Federal Register Notice - Interpretation of the statutory special rules for model aircraft in the FAA Modernization and Reform Act of 2012. Clarifies the FAA may take enforcement action against model aircraft operators operating their aircraft in a manner that endangers the safety of the NAS. Explains that this enforcement authority is designed to protect users of the airspace as well as people and property on the ground. Drones Legal/Regulatory Landscape FAA Certification – Commercial (Civil and Public) All Commercial use of Drones requires: Certified aircraft Licensed pilot Operating approval : Special Airworthiness Certificate (SAC) for Civil use Certificate of Airworthiness (COA) for Public Use Case By Case Approvals - Provisions of Section 333 of the FAA Modernization and Reform Act of 2012, "Special Rules for Certain Unmanned Aircraft Systems," Recognizing the demand to expedite integration of UAS into the NAS. Allows commercial operations in low-risk, controlled environments Drones Legal/Regulatory Landscape FAA Certification – Commercial Approvals Public: COA Approvals > 400 Approvals reported as of June 2014 – Examples: DHS Border Patrol and Port Surveillance NASA and NOAA - Scientific research and environmental monitoring State Universities - Research, Local Law Enforcement – Various support of public safety(e.g., Texas authorities were granted temporary permission to use drones to search for a missing person.. Fire Fighting (e.g., WA State Department of Natural Resources will use a drone to monitor wildfires that pose an urgent threat) Public (government) Entities Supporting various other missions – public safety and otherwise.. Civil: @ 2/27/15 - 668 Section 333 exemption requests/ 39 approvals - Examples Agricultural – Crop monitoring and management Energy – BP will use Drones to survey pipelines, roads and equipment at Prudhoe Bay in Alaska. Hollywood Film Production – Several filmmaking companies have been given permission to use camera equipped drones on movie and television sets. Dangerous, Difficult or Expensive - Use drones in situations deem too difficult, expensive or dangerous for manned aircraft (e.g., Several companies received approval to The industries involve are agriculture, mining, energy, construction and mapping.. Real Estate – e.g., AZ Realtor will use a 3lb drone to photograph homes for sale) Above Subject to Constant Change http://www.faa.gov/uas/legislative_programs/section_333/ http://www.faa.gov/about/office_org/headquarters_offices/ato/service_units/systemops/aaim/organizations/uas/coa/ Drones Legal/Regulatory Landscape FAA Certification – Commercial Approvals Process , Applications and Approvals can be viewed at: http://www.faa.gov/uas/legislative_programs/section_333/ Approvals generally are for 2 Years Some things to Know Only Applications for “low risk, controlled environment” use are being Considered at Present Applications are Reviewed on a case by case basis and focus on the “unique circumstances of each application” 120 day Process for Review from public notice to action Drones Legal/Regulatory Landscape FAA Commercial Use Draft Rules (February, 2015)) Lifts some restrictions (All other current restrictions would continue to apply) subject to (among other things): Drone Pilots: Pilot Certification required (at least 17 years old; pass an aeronautical knowledge test; vetted (security) by the Transportations Security Administration) Where and When Only Daylight flights permitted Flying near bystanders is prohibited Must remain in the pilots line of sight Airspace conditions: Class A prohibited; Class B, C, D and E allowed subject to ATC permission; Class G allowed without ATC permission Maximums: Weight – 55lbs; Height - 500 ft (152 meters); Speed – 100mph (160 kph) Also leaves open the possibility for greater flexibility for Micro Drones (< 4.4 lbs) in the future Drones Legal/Regulatory Landscape Integration of Civil UAS in the NAS Roadmap Goal: Type Certificates (TC) and Production Certificates with appropriate limitations Documented in the Aircraft flight manual Developing design standards tailored to a specific UAS applications and proposed operating environments Potential Airworthiness Path for UAS Industry Source: Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap - FAA 2013 Drones Legal/Regulatory Landscape Transition from COA/Experimental to Standard Airworthiness Approvals The Commercial UAS Industry Recognizes the importance of Reasonable Regulations But No Sudden Change: Integrating Drones into the National Airspace ….will happen over an extended time…… with gradual evolution of regulations Source: Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap - FAA 2013 Drones Legal/Regulatory Landscape State Regulations States are actively considering drone bills and resolutions…. @ 12/14 20 States have Laws All other states have laws pending except DC, DE, FL, ME MS, NM and SD Subject to change http://www.ncsl.org/research/ civil-and-criminaljustice/current-uas-state-lawlandscape.aspx National Council of State Legislatures Drones Underwriting Considerations Essential: Company Specific Guidance Evolutionary Dynamics, Legal Landscape, Technology, Coverage Flexibility Risk Appetite: What Type and How Much Risk do you want? Underwriting Approach: How do you want to satisfy your Risk Appetite Guidelines How do you apply the Underwriting Approach Consistently? Drones Underwriting Considerations Risk Selection Operator Nature of Risk Use Equipment Drones Underwriting Considerations Risk Selection – Nature of Risk Does the insured conduct its own drone activities? Does the insured hire others to conduct drone activities on their behalf? Does the insured provide drone service to others? Has the Insured contracted with another party (manufacturer, drone service provider, customer, etc)? Does the insured contractually assume liability or otherwise provide insurance coverage (name as additional insured) Has the insured contractually transferred liability or is otherwise protected by 3rd party insurance coverage (named as additional insured) by such parties? Obtain copies of all relevant contracts Drones Underwriting Considerations Risk Selection – Equipment Drone Track Record, Capability and Primary Function Detailed Description Manufacturer Drone and Control System, including Model and Serial Number Intended Use Maintenance and Security Size (Wing or Rotary Span) Max Lift Off Weight Flying Height and Distance Capability – in or out of line of sight? Nature of Sense and Avoid capabilities Applicable Federal, State & Local requirements for Equipment based on Intended Use Number of UAVs operated from a single Ground Control Station? Frequency, nature and documentation of equipment maintenance; Details on how the equipment is secured including applicable restrictions on operator use to ensure only qualified operators use the equipment. Cyber Security Nature of security in place to protect against 3rd party system intrusion or disruption of the equipment. Nature and Extent of the levels of redundancies for data link interruptions. Drones Underwriting Considerations Risk Selection – USE Is it Legal? Federal, State and Local Permission – Certificate of Authority (Obtain Copy) Does the COA match the specific Equipment and Intended use Note: Liability Insurance applies even if Drone is used Illegally and causes injury to a 3rd Party. Illegal use may result in: Heightened Traditional BI, PD, PI, Risk Reputational Risk Beyond the Question of Legality Nature of intended and potential use. Frequency of use. Is the indicated use consistent with the specific equipment? Location and proximity of use to populations, buildings, etc Drones Introduction Use of Drone Technology….A Sample Cost Efficiency Effectiveness Safety Surveillance/ Monitoring Imaging / Data Recording Aerial imaging/mapping Agriculture/Ranching (e.g., precision crop spraying and pollination, monitor crop health, cloud seeding, monitor livestock) Cargo Delivery Construction Disaster management (e.g., search and rescue, food and supply delivery) Education and Research Environmental monitoring Firefighting including wildfire mapping Freight transport Insurance claims & risk management “Delivery” Law enforcement (e.g., crowd control, search/recognizance, fugitive pursuit) Moviemaking Oil and gas exploration Security Sporting events Structural inspection (e.g., pressure vessels, pipelines, oil and gas rigs) Telecommunications Television news coverage Thermal infrared power line surveys Utility surveillance – powerlines, train tracks, electrical grid, etc. Weather monitoring (e.g., storm tracking, collecting meteorological data, generation of maps and models.) Drones Underwriting Considerations Drone Use Categories…For Underwriting Purposes Nature or Extent of Drone Use categories Tier 1 Commercial (Revenue Generating) Drones used as the primary source of revenue or as a primary aspect of day to day operations; e.g., Drone Service Providers, Aerial Photography, Surveying, Deliveries, Law Enforcement, etc. Tier 2 Commercial (Revenue Supporting) Drone use supports other primary sources of revenue; e.g., farms (crop monitoring), Construction or Energy (asset surveillance), etc Tier 3 Commercial (Contingent) Subset of Tier 2; Organization contracts with another (e.g., Drone Service Provider) to perform the drone-related activities Tier 4 Personal/Recreational Drone use is for purely recreational non-revenue related purposes. Drones Underwriting Considerations Risk Selection – Operator Qualifications Basic Focus: Will the Drone be operated by someone fully qualified to do so. Operator Qualifications – Operator, Use and Equipment specific 1. Who will be operating the drone? Name and position of every operator 2. Is certification required – if so, who certifies? Are all operators properly certified, sanctioned and approved by the FAA or other appropriate body? 3. What is/are the operator’s training and experience with the specific equipment – what is the level of qualification? How many hours has the operator logged on the drone equipment at risk? 4. Safeguards – Protection against unauthorized use of the drone 5. Regulatory Aspects – Federal, State and Local 1. Applicable laws or regulations relative to each drone activity and operation 2. Is operation within the parameters of all applicable laws and regulations? Drones Underwriting Considerations Risk Selection – Operator Qualifications.. The Challenge: Lack of Consistent Credible Standards Sources of Pilot Training (Varies in Content and Quality): Colleges/Universities For Profit UAS Training Programs Manufacturers Original Equipment (OEM) Training FAA – Currently ther are no defined FAA standards for a UAV operator. As of October 2014, the FAA has not issued any UAS pilot requirements Plan is to publish a final rule on required pilot qualifications - expected in 2016. These rules will apply to pilots of small, commercial UAVs 55 pounds or less. FAA rules, when published, will be incorporated into existing training programs. Civil Organizations – Most cite Manufacturer (OEM) training as a minimum operator qualification in their COA application for FAA approval to operate Public Agencies - Most also require that the UAV pilot be an FAA sanctioned commercial or private pilot.? Drones Underwriting Considerations CGL Coverage – ISO Drone Coverage Endorsements Description Of Unmanned Aircraft Description Of Operation(s) Or Project(s) Limit Of Insurance Unmanned Aircraft Liability Aggregate Limit: $ Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Drones Underwriting Considerations Pricing Challenge Historical Claim Data Mostly Model Aircraft or Military Data Questionable Relevance and Credibility for Commercial Use due to different circumstances (Training, Equipment, Use, etc) More Exposure Based than Data Based Exposure Differentiators include: Type of Equipment Where How Used How Often Used Operator Qualifications Transfer of Liability Specifics Military – USAF “Mishaps” 2004-2013 27.5% - pilot/human error 57.9% - hardware failure. 14.6% - Other (weather, software, etc) Recreational - American Model Aeronautic 2014 Annual Insurance Report ~ 400 reported in the US over the last several years (35 liability claims annually BI typically involve operators (rather than spectators/ bystanders) PD usually minor damage to parked vehicles 12 to 15 involved serious injuries. Settlements often > $500,000 each, Recent UAS Incidents March 2014 - regional jet ~ 5 miles from the Tallahassee airport passed a drone at 2,300 feet altitude July 2013 - airline into LaGuardia in NY flew ~ 500 feet above a small drone. March 2013 - pilots on Boeing 777 near JFK Airport in NY, reported a drone helicopter within ~ 200 feet of their aircraft. Drones Marketplace Anticipated Economic Impact of Drones Use Will Increase Personal and Commercial - common in many civil or public activities Jobs New Jobs…Requiring New skills Bottom Line Reduce Expenses and Increase Productivity US $82 bn US $482m • Economic impact of drones between 2015 and 2025 • Projected State Revenue…Based on jobs created in the 1st 11 years after full integration Source: AUVSI The economic impact of unmanned aircraft systems integration in the US, 3/13 Drones Marketplace Done Marketplace General Liability Market General Liability Market Starting to develop (ISO, AIG, Allianz, Chubb, XL among others) Aviation Market Cyber Market Aviation Market has been actively covering products liability and is developing broader coverage as well… Aircraft Liability / Technology Liability Scope of Coverage, Risk Appetite/ Selection Criteria and Pricing will vary significantly pending some stability in the Legal Landscape in the Form of FAA Regulations and Case Law Drones Wrap-Up / Take-aways Numerous Underwriting Challenges… …….But not a Systemic Problem Significant growth in Drone Use expected once the FAA releases formal Regulations…for some industries/insureds…will be a common part of their day to day activities Guidelines: Essential Operator Qualifications Critical Drones - Underwriting Considerations PAMIC March 12, 2015 State College, PA Gerry Finley Sr. VP Casualty Underwriting Munich Re America [email protected] © Copyright 2015 Munich Reinsurance America, Inc. All rights reserved. "Munich RE" and the Munich Re logo are internationally protected registered trademarks. The material in this presentation is provided for your information only, and is not permitted to be further distributed without the express written permission of Munich Reinsurance America, Inc. This material is not intended to be legal, underwriting, financial, or any other type of professional advice. Any descriptions of coverage reflected in this presentation are meant to be general in nature and do not include and are not intended to include all of the actual terms, benefits and limitations found in an insurance policy. Only the insurance policy will form the contract between the insured and insurance company, and governs in all cases. Image : http://www.faa.gov/