Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Summary:

In December 2014 ISO filed a number of forms that apply specifically to drones, also known and unmanned aircraft. These forms become effective June 1, 2015. This article discusses the exclusion endorsements CG 21 09 06 15 and CG 21 10 06 15. For a thorough discussions on drones and related issues, See Drones.

Introduction

Drones are the latest technological product to become an insurance concern. The ability to fly drones most anywhere makes them a hazard to pedestrians and vehicles both, and numerous privacy issues arise when the drones are equipped with cameras or video equipment. However, they can be extremely useful to police, firefighters, and rescue personnel, among others, and the Federal Aviation Administration (FAA) is working to establish regulations as to how and when they can be used. The CG 21 09 is designed to clearly exclude drones from the CGL form. The CG 21 10 form is identical other than that it does not modify section B, exclusions for personal and advertising injury liability.

  1. Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following:

2.  Exclusions

This insurance does not apply to:

g.  Aircraft, Auto Or Watercraft

(1) Unmanned Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".

This Paragraph g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".

 Analysis:

This endorsement removes the aircraft, auto, or watercraft exclusion from the CGL form and makes significant changes. First, it excludes injury or damage from the use, maintenance, or entrustment to others of an "unmanned aircraft." "Unmanned aircraft" is a defined term now, and is defined later in the policy as "any aircraft that is not designed, manufactured, or modified after manufacture to be controlled from a person within or on the aircraft." This is an aircraft that is controlled by a person on the ground, using handheld controls in order to maneuver the vehicle to wherever the operator wants the craft to go. Drones can also fly autonomously, something that separates them distinctly from hobby radio controlled aircraft. Any use is excluded, including loading and unloading. Loading and unloading become a concern if the drone is used to carry cargo or load or unload vehicles; certain drones can carry a significant amount of weight and could be used for such activities. Drones, or unmanned aircraft, are different than commercial airliners and radio controlled hobby aircraft.

The exclusion applies without exception, even if the claims arise from any alleged negligence or other wrongdoing by the insured of any supervision, hiring, employment, training or monitoring of others by the insured that cause injury or property damage involving the drone. For example, a university hires someone to fly its drone over the homecoming game and videograph the event. While making the video, the operator diverts from the event and flies low enough over the audience to cause alarm in the crowd and buzzes pedestrians. Should a spectator file an injury claim against the operator and the university, the university would have no coverage for such actions once the endorsement has been added. 

(2) Aircraft (Other Than Unmanned Aircraft), Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".

This Paragraph g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft (other than "unmanned aircraft"), "auto" or watercraft that is owned or operated by or rented or loaned to any insured.

This Paragraph g.(2) does not apply to:

(a) A watercraft while ashore on premises you own or rent;

(b) A watercraft you do not own that is:

(i) Less than 26 feet long; and

(ii) Not being used to carry persons or property for a charge;

(c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured;

(d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or

(e) "Bodily injury" or "property damage" arising out of:

(i) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or

(ii) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment".

Analysis:

This section is identical to the exclusion in the CGL form. It maintains the exclusion for aircraft other than unmanned aircraft, watercraft and automobiles. There are exceptions to the exclusion for various types of watercraft depending on ownership, length, and activity. Exceptions for autos exist for the parking of vehicles on or next to premises the insured owns or rents or the operation of machinery or equipment that is attached to a vehicle. The operation of the vehicle itself is not covered, but if the insured is operating equipment attached to the vehicle that would qualify as "mobile equipment," then coverage applies. "Mobile equipment" is a defined term found in the CGL policy. Mobile equipment includes such items as bulldozers, forklifts, vehicles on crawler treads, vehicles with permanently mounted cranes, shovels, loaders, diggers, and other types of equipment. See Commercial General Liability Definitions

B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B – Personal And Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Unmanned Aircraft

"Personal and advertising injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the offense which caused the "personal and advertising injury" involved the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".

This exclusion does not apply to:

a. The use of another's advertising idea in your "advertisement"; or

b. Infringing upon another's copyright, trade dress or slogan in your "advertisement".

Analysis:

This section excludes coverage for personal and advertising injury caused by the ownership, maintenance, use, or entrustment to others of any "unmanned aircraft." Again, use includes loading and unloading. Personal and advertising injury includes false arrest; detention; malicious prosecution; invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies; libel and slander; oral or written publications that violate a person's right to privacy; copyright infringement; or use of another's idea in your advertisement. While some of these may be hard to imagine as being caused by a drone, the invasion of the right of privacy is a huge concern. With the ability to mount cameras on drones, it is very easy for a landlord of a property to spy on his tenants. Any claimed injury from such actions is not covered. This section does not appear in the CG 21 10 form; that form applies only to section A exclusions and does not apply to the personal and advertising injury part of the policy. 

C.  The following definition is added to the Definitions section:

"Unmanned aircraft" means an aircraft that is not:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;

to be controlled directly by a person from within or on the aircraft.

 Analysis:

This section defines "unmanned aircraft" as a vehicle that flies without having a person in the vehicle, such as a commercial airplane, or a vehicle that has a person on the aircraft, like an ultralight or other craft where the person is as much on, as in, the vehicle. "Unmanned aircraft" are controlled by operators using handheld controls or can fly using an autonomous system. While this may sound like a radio controlled hobby craft, the two are different. Unmanned aircraft, or drones, are often quad copters, having four rotors that allow the craft to fly vertically and hover.