Summary: This is Part 2 of a series of articles providing an analysis of the Skywatch.AI drone policy, titled Aviation Insurance Policy, Unmanned Aircraft Systems. Refer to Part 1 for the introductory information on this policy.

Part 1

  • Policy overview
  • Declarations
  • The Policy
  • Section VI - Definitions
Part 2
Part 3
  • Section III - Who Is An Insured
  • Section IV - Limits of Insurance
  • Section V - Policy Conditions

Part 4
  • Endorsements

SECTION I - COVERAGES


In consideration of the payment of the premium, in reliance upon the statements in the Declarations made part of this policy, subject to all of the terms of this policy including the applicable limits of insurance, we agree with you as respects those coverages shown in Item 3 of the Declarations as follows:

PART I - LIABILITY

COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY

1. Insuring Agreement.

(a) We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage that occurs during the policy period and is caused by an occurrence that takes place in the coverage territory arising out of the ownership, maintenance, or use of a scheduled aircraft.

.

We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit suit seeking damages for bodily injury or property damage to which this insurance does not apply or when this insurance is excess.

We may, at our discretion, investigate any occurrence and settle any claim or suit that may result. But, the amount we will pay for damages is limited as described in SECTION IV - LIMITS OF INSURANCE. Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A.

(b) Our obligation to pay damages on behalf of any insured applies only to the amount of damages in excess of any deductible amounts stated in this policy. The terms of this insurance apply irrespective of the application of the deductible amount. We may pay any part or the entire deductible amount to effect settlement of any claim or suit and, upon notification that we have made any such payment, the first Named Insured shall promptly reimburse us for any deductible amount we paid.

(c) No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in SUPPLEMENTARY PAYMENTS below.

Analysis:

The section begins with a statement outlining that payment of premium is required and that the insurer relies on the information provided in the application. Part I liability coverage provides bodily injury and property damage liability, including supplementary payments. The coverage is occurrence based similar to the standard ISO general liability policy, with defense included within the limit of liability. Paragraph (b) is similar to the ISO property policy where damages are paid in excess of the deductible, and the insurer may pay the deductible if necessary to settle a claim or suit, and then seek reimbursement from the Named Insured.

2. Exclusions.

In addition to the exclusions contained in SECTION II – GENERAL POLICY EXCLUSIONS, the following exclusions apply to Coverage A.

Analysis:

These are additional exclusions applicable to the liability coverage for bodily injury and property damage, and they apply in addition to the general policy exclusions.

This insurance does not apply to:

(a) EXPECTED OR INTENDED INJURY

Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion (a) does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.

(b) CONTRACTUAL LIABILITY

Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion (b) does not apply to liability for damages:

(1) That the insured would have in the absence of the contract or agreement; or

(2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement.

(c) WORKERS COMPENSATION AND SIMILAR LAWS

Any obligation for which the insured or any carrier as the insured’s insurer may be held liable under any workers’ compensation, unemployment compensation or disability benefits law, or under any similar law.

(d) EMPLOYER’S LIABILITY

Bodily injury to:

(1) An employee of the insured arising out of and in the course of employment by the insured; or

(2) The spouse, child, parent, brother or sister of that employee as a consequence of Paragraph (d) (1) above.

This exclusion (d) applies:

(A) Whether the insured may be liable as an employer or in any other capacity; and

(B) To any obligation to share damages with or repay someone else who must pay damages because of the injury.

This exclusion (d) does not apply to liability for damages assumed in a contract or agreement that is an insured contract, provided the bodily injury occurs subsequent to the execution of the contract or agreement.

Analysis:

These first four additional liability exclusions are like their counterparts in the ISO CGL form. Expected or intended injury is always excluded, except for protecting persons or property. Contractual liability, injuries that would fall under workers compensation or employer’s liability, including any injury claimed by the spouse, child, parent, or sibling of the employee is excluded.

(e) DAMAGE TO PROPERTY

Property damage to property owned, occupied, rented or used by the insured or in the care, custody, or control of the insured.

Subject to the Damage to Cargo Limit and the Cargo Deductible shown in the Declarations, as respects property the insured does not own, this exclusion (e) does not apply to accidental physical loss of, injury to, or destruction of cargo while in the insured’s care, custody, or control other than accidental physical loss of, injury to, or destruction of cargo caused by or resulting from:

(1) Delay, loss of market, loss of use, or any consequential loss;

(2) Gradual deterioration, moths, vermin, inherent vice, marring or scratching; or

(3) Misappropriation, secretion, conversion, infidelity or any dishonest act on the part of the insured or any of its agents or employees.

Analysis:

This damage to property exclusion mirrors the care, custody or control exclusion in the ISO CGL form, but there is an exception added for accidental loss or damage to cargo in the insured’s care, custody or control, if such Damage to Cargo coverage is provided in the declarations, and then only up to the specified limit less the applicable deductible.

(f) DISPENSABLE LOADS

Bodily injury or property damage resulting from the release of a dispensable load from the aircraft component of an unmanned aircraft system.

Provided no part of the dispensable load consists of munitions, this exclusion (f) shall not apply to any claim or suit caused by or resulting in an aircraft crash, fire, explosion, or collision or a recorded in flight emergency causing abnormal aircraft operation.

Analysis:

This dispensable load exclusion applies to liability for injury or damage from loads dispensed from a drone, unless such injury or damage is caused by or results from an aircraft crash, fire, explosion or collision in an emergency flight situation. This exception does not apply to dispensed munitions. If the pilot releases a load at the wrong place or time for example, that resultant injury or damage is not covered.

SUPPLEMENTARY PAYMENTS

1. We will pay, as respects any claim against an insured we investigate or settle, or any suit against an insured we investigate, defend or settle:

(a) All expenses we incur.

(b) Up to $5,000 for the cost of bail bonds required because of occurrences or violations of laws or regulations for civil aviation arising out of the use of an aircraft component of an unmanned aircraft system to which insurance for bodily injury is afforded by Part 1. We do not have to furnish these bonds.

(c) The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds.

(d) All reasonable expenses incurred by the insured at our request to assist us in the investigation or settlement of the claim or the investigation, defense or settlement of the suit, including actual loss of earnings up to $500 per day, per employee because of time off from work.

(e) All costs taxed against the insured in the suit.

(f) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.

(g) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

Analysis:

These first supplementary payments are like those in the ISO CGL form, but with respect to the coverage provided for unmanned aerial systems. Defense expenses, $5,000 for bail bonds to which insurance applies, although the insurer is not required to actually furnish the bonds, cost of attachments bonds, expenses incurred by the insured, loss of earnings up to $500 a day, and prejudgment interest.

2. We will also pay, as respects any aircraft component of an unmanned aircraft system to which this insurance applies:

(a) Up to the amount shown in Paragraph 3 (a) of Item 3 of the Declarations for expenses incurred by the insured under emergency conditions for charges made by other than an insured but limited to those expenses associated with labor, materials, rental of equipment, vehicles or tools for:

(1) Application of foam on a runway; or

(2) Fire and crash control and rescue

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(b) Up to the amount shown in Paragraph 3 (b) of Item 3 of the Declarations for expenses incurred by the insured for relocating such aircraft component of an unmanned aircraft system to a safe takeoff location agreed to in advance by us following a landing made under emergency conditions at a location where a safe takeoff cannot be made.

(c) Up to the amount shown in Paragraph 3 (c) of Item 3 of the Declarations for expenses incurred by the insured for search and rescue operations connected with any such aircraft component of an unmanned aircraft system to which this insurance applies, which is missing and presumed crashed, provided such expenditures are agreed to in advance by us.

However, the payments described in:

(1) Paragraphs (a), (b) and (c) above, do not include payments for:

a. Any medical, hospital or funeral expense; or

b. Bodily injury sustained by any person;

(2) Paragraphs (a) and (c) above, do not include payments for salvage of all or part of such aircraft component of an unmanned aircraft system;

(3) Paragraph (b) above, do not include payments for any expense which qualifies as an element of the cost to repair (including any expense associated with dismantling and reassembly) if the aircraft component of an unmanned aircraft system is a scheduled aircraft which sustains physical damage to which the insurance afforded under Coverage B applies; and

(4) Paragraph (c) above, do not include:

a. Loss of or damage to equipment used in search and rescue operations; or

b. Expense incurred after it has been reasonably established that there are no survivors.

Analysis:

The supplementary payments described in Paragraph 2. Will cover expenses incurred in the event of drone emergency conditions that an insured must pay. Part (a) covers expenses of labor, materials, rental of equipment, vehicles or tools for applying foam on a runway, or for fire and crash control, and rescue. Part (b) covers expenses if due to emergency conditions a drone component has to be taken to a pre-approved safe takeoff location; and part (c) covers necessary search and rescue operation expenses for a drone component which is missing and presumed crashed, provided such expenditures are agreed to in advance by the insurer.

3. The supplementary payments described in Paragraphs 1 and 2 will not reduce the limits of insurance.

Analysis:

As with the ISO CGL form, supplementary payments are paid in addition to the limits of insurance.

PART 2 – PHYSICAL DAMAGE

COVERAGE B - PHYSICAL DAMAGE TO SCHEDULED AIRCRAFT

1. Insuring Agreement.

We will pay for physical damage to the scheduled aircraft sustained anywhere in the coverage territory during the policy period. But, the amount we will pay for physical damage to the scheduled aircraft is limited as described in SECTION IV - LIMITS OF INSURANCE.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for in Conditions below.

Analysis:

Refer to the Definitions section for a description of the terms that provide for the physical damage coverage, as described in the limits of insurance and shown on the declarations. Physical damage is covered as long as it occurs within the coverage territory during the policy period.

2. Exclusions.

In addition to the exclusions contained in SECTION II – GENERAL POLICY EXCLUSIONS, the following exclusions apply to Coverage B.

This insurance does not apply to physical damage:

DAMAGE TO TIRES

To tires installed on the scheduled aircraft caused by any peril other than fire, theft, vandalism or malicious mischief This exclusion does not apply if such physical damage is the direct result of other physical damage covered by this policy.

Analysis:

Certain named perils apply to tire damage, except such damages that are covered elsewhere, such as in a covered crash incident.

3. Conditions.

In addition to the conditions contained in SECTION V - POLICY CONDITIONS, the following conditions apply to Coverage B:

(a) Your Additional Duties.

You shall:

(1) Protect the damaged property whether or not the insurance afforded by this policy applies and if you fail to do so, we shall have no obligation to pay for any further physical damage due to your failure to protect the damaged property; reasonable expenses incurred in affording such protection shall be deemed to be incurred at our request.

(2) File with us within ninety-one (91) days after physical damage, sworn proof of loss in such form and including such information as we may reasonably require and shall, upon our request, submit to examination under oath, exhibit the damaged property and produce for our examination all pertinent records and invoices, permitting copies of such documents to be made, all at such reasonable times and places as we shall designate.

(3) Do all things necessary to arrange for transfer of your interest in any salvage to us or our nominee.

(b) Adjustment and Payment.

(1) We will adjust all claims for physical damage for which insurance is afforded by this policy with the first Named Insured only; and

(2) Any payment we make for physical damage will be made to the first Named Insured for the account of all interests.

Analysis:

These conditions are applicable to the physical damage coverage, and they apply in addition to the policy conditions. The first condition describes requirements of the insured to take steps to prevent further damage, file a sworn proof of loss within 91 days of the physical damage, cooperate with the insurer in investigating and adjusting the loss, and do whatever is necessary to assist in the transference of interest in event there is salvage.

The second condition confirms that the named insured is the party to which the insurance applies and as such they will be the one to which the insurer communicates and makes payment, regardless of other interests on the policy.

(c) Appraisal.

If we fail to reach agreement with the first Named Insured as to the value of the damaged property, or the cost to repair the physical damage, an appraisal may be demanded by either party. In this event, each party shall select a competent appraiser. The appraisers shall select a competent and impartial umpire. The appraisers shall appraise the value of the damaged property, or the cost to repair the physical damage and failing to agree shall submit their differences to the umpire. An award in writing of any two shall determine the value of the damaged property, or the cost to repair the physical damage. Each party will pay its chosen appraiser and shall bear equally the other expenses of the appraisal and the umpire. We shall not be held to have waived any of our rights by any act relating to appraisal.

(d) No Benefit to Others.

No person or organization, other than you, having custody of property insured under Part 2 will benefit from this insurance.

Analysis:

The appraisal and no benefit to others conditions are similar to the standard ISO form language.

(e) Salvage.

After we have made payment for physical damage, we become the beneficiary of all salvaged property. There shall be no abandonment without our consent.

(f) Recovered Property.

If either you or we recover any property after we have made payment for physical damage, that party must give the other prompt notice. At your option, the property will be returned to you. You must then return to us the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the limits of insurance.

Analysis:

Any salvageable or recovered property becomes the property of the insurer once payment for physical damage has been made to the insured. Upon request, property may be returned to the insured but the payment made will need to be repaid to the insurer. Any associated recovery or repair expenses to recovered property will be paid by the insurer, subject to the limits of insurance.

(g) Application of Deductible.

In the event that two or more scheduled aircraft are covered by this policy, the applicable deductible shall apply separately to each. The amount specified as a deductible does not apply to physical damage caused by:

(1) Lightning, theft, robbery or pilferage; or

(2) Fire or explosion, if such fire or explosion is not the result of collision of the aircraft while in motion.

Analysis:

The deductible on the declarations applies separately to each scheduled aircraft. A deductible does not apply however to specified causes of loss of lightning, theft, robbery, pilferage; or fire or explosion not resulting from aircraft collision while in motion.

(h) Automatic Increase in Insured Value of Scheduled Aircraft.

Subject to the Maximum Insured Value Limit shown in the Declarations, the insured value of any scheduled aircraft that is modified shall automatically increase to reflect the additional cost, if any, of such modification, provided that you notify the Policy Issuing Office shown in the Declarations of such increase in the insured value within sixty (60) days following the completion of such modification and the first Named Insured agrees to pay the additional premium we require.

Analysis:

A unique feature of the policy is that the insured value of a drone may be automatically increased to include the value of drone modifications, as long as the insurer is notified within 60 days of completion of the modification, subject to payment of the required additional premium for the increased value.

(i) Automatic Reinstatement.

In the event of physical damage that is not a total loss, whether or not Coverage B of this policy applies, the insured value of the scheduled aircraft shall be reduced as of the time of physical damage by the cost to repair the physical damage. Upon the commencement of repairs, the insured value shall be increased by the value of the completed repairs until the insured value of the scheduled aircraft is fully restored or this policy terminates, whichever occurs first.

Analysis:

The condition allows for down time of a damaged drone while repairs are being made. The insured value may be reduced at the time of damage by the amount it will cost to make the repairs; and then once repairs are commenced the insured value will be increased incrementally until it reaches its full insured value when the repairs are completed and the scheduled aircraft is fully restored, or the policy terminates, whichever comes first.

(j) Premium Fully Earned After Total Loss.

In the event of a total loss to a scheduled aircraft, after the Company has made payment in accordance with the provisions of this policy, the premium for such scheduled aircraft shall be fully earned.

Analysis:

The policy premium is fully earned to the insurer in event of total loss, once the insurer has made payment for the loss.

SECTION II – GENERAL POLICY EXCLUSIONS


Other provisions of this policy may limit or exclude insurance coverage. You are therefore urged to read the entire policy carefully.

1. TRADE OR ECONOMIC SANCTIONS AND CONFORMITY WITH LAW

This policy does not apply to the extent that trade or economic sanctions or other laws or regulations, including but not limited to those administered and enforced by the Office of Foreign Asset Control of the United States Treasury Department, prohibit us from providing insurance or paying claims. If the provisions of this policy are in

conflict with any other laws or regulations in force in any jurisdiction where this policy is in effect, this policy will conform to those laws or regulations.

2. GENERAL EXCLUSIONS APPLICABLE TO ALL COVERAGES:

This policy does not cover any claim, damage, injury, loss, cost, expense or liability of any nature whatsoever arising from, occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly):

(a) WAR, HI-JACKING AND OTHER PERILS EXCLUSION

(1) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power.

(2) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.

(3) Strikes, riots, civil commotions or labor disturbances.

(4) Any act of one or more persons, whether or not agents of a sovereign power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional.

(5) Any malicious act or act of sabotage.

(6) Confiscation, nationalization, seizure, restraint, detention, appropriation, requisition for title or use by or under the order of any Government (whether civil, military or de facto) or public or local authority.

(7) Hi-jacking or any unlawful seizure or wrongful exercise of control of the aircraft or any of its crew members in flight (including any attempt at such seizure or control) made by any person or persons acting without the consent of the insured.

Furthermore, this policy does not cover claims or suits arising while the aircraft is outside the control of the insured by reason of any of the above perils. The aircraft shall be deemed to have been restored to the control of the insured on the safe return of the aircraft to the insured at an airfield not excluded by the geographical limits of this policy, and entirely suitable for the operation of the aircraft (such safe return shall require that the aircraft be parked with engines shut down and under no duress).

(b) ELECTRONIC DATE RECOGNITION

(1) The failure or inability to correctly recognize, process, distinguish, interpret or accept any change of year, date or time, including but not limited to:

a. The change of year from 1999 to 2000; or

b. The change of date from August 21, 1999 to August 22, 1999;

By any computer system, hardware, program or software, microprocessor, integrated circuit or similar device, whether in computer equipment or non-computer equipment, whether the property of any insured or of others; or

(2) Any advice, consultation, design, evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by any insured or for any insured or by any third party to determine, rectify or test for any potential or actual problems described in Paragraph (1) above.

(c) NUCLEAR RISKS

(1) Injury or damage:

a. With respect to which the insured under this policy is also an insured under any:

(i) Nuclear energy liability policy, or

(ii) Other policy that affords insurance equivalent to that described in Paragraphs A. and B. below.

b. Resulting from the hazards described in Paragraphs (2), (3) and (4) below with respect to which:

(i) Any person or organization is required to maintain financial protection pursuant to legislation in any country; or

(ii) The insured under this policy is, or had this policy not been issued would be, entitled to indemnification from any government or agency thereof;

(2) The radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof;

(3) The radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto; or

(4) Ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any other radioactive source whatsoever.

This exclusion (c) is subject to the following:

A. Any such radioactive material or other radioactive source referred to in Paragraphs (3) and (4) above shall not include:

(i) Depleted uranium and natural uranium in any form;

(ii) Radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational or industrial purpose.

B. Bodily injury, property damage, or physical damage in respect of the nuclear risks not excluded by reason of the preceding paragraph shall (subject to all other terms, conditions, limitations, warranties and exclusions of this policy) be covered, provided that:

(i) In the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereto, such carriage shall in all respects have complied with the full International Civil Aviation Organization “Technical Instructions for the Safe Transport of Dangerous Goods by Air”, unless the carriage shall have been subject to any more restrictive legislation, when it shall in all respects have complied with such legislation;

(ii) This policy shall only apply to an incident happening during the period of this policy and where any claim by the insured against us or by any claimant against the insured arising out of such incident shall have been made within three years after the date thereof;

(iii) In the case of any claim for physical damage caused by or contributed to by radioactive contamination, the level of such contamination shall have exceeded the maximum permissible level set out in the following scale:

Emitter

(IAEA Health and Safety Regulations)

Beta, gamma and low toxicity alpha emitters 

All other emitters

Maximum permissible level of non-fixed radioactive surface contamination 

(Averaged over 300 cm2 )

Not exceeding 4 Becquerels/cm2 (104- microcuries/cm2)

Not exceeding 0.4 Becquerels/cm2 (104- microcuries/cm2)

(iv) We may cancel coverage afforded hereby by mailing or delivering to the first Named Insured written notice of cancellation at least seven days before the effective date of Cancellation.

(d) MUNITIONS

Any discharge or release of munitions whether intentional or unintentional.

Analysis:

This section of exclusions includes preceding language making it clear that these perils are completely excluded. The exclusions are fairly standard; war, invasion, warlike acts, detonation of atomic or nuclear weapons, strikes, riots and civil commotion, confiscation, restraint or requisition for use by government order are all excluded. There is some limited coverage available - refer to the endorsement Liability Coverage (Applicable to the War, Hi-jacking and Other Perils Exclusion) under the Endorsements topic.

If the drone is outside the control of the insured due to any of the listed excluded perils, coverage is not provided.

A standard electronic data exclusion exists for any failure of computer systems, hardware, software, circuits, processors or similar equipment to interpret any change of year, date, or time, including the change from 1999 to 2000 and from August 21, 1999 to August 22, 1999. The year 2000 computer exclusion is fairly common among policies, and in 1999 many computer changes took place. Most notably of these and included in the date exclusion changes, is the file system CDfs (Compact Disc File System) was introduced in Linux systems on August 21, 1999, and exports all tracks and boot images on a CD (Compact Disc) as normal files. With respect to this exclusion, refer to the Electronic Data Recognition Endorsement (see Endorsements topic).

All nuclear risks are excluded if the insured is covered under a nuclear energy liability policy or other policy that provides such coverage. Likewise, if the insured is required to maintain coverage for injuries resulting from any radioactive, toxic, explosive or other hazardous properties of nuclear products, including ionizing radiations or contamination from radioactivity, there is no coverage from this policy. An exception exists for radioactive material from depleted uranium and natural uranium in any form and radioisotopes that have reached the final stage of fabrication so that they are usable for any scientific, medical, agricultural, commercial, educational or industrial purpose.

This exception applies as long as if the claim is related to radioactive material in the course of transportation as cargo, that the transportation complied with the International Civil Aviation Organization “Technical Instructions for the Safe Transport of Dangerous Goods by Air” unless stricter regulations applied, in which case those must have been complied with. Claims must be made within three years of the incident causing damage.

For physical damage caused by radioactive contamination, the level of exposure must have exceeded certain levels as listed in the chart.

The discharge or release of any munitions is excluded, whether the release was intentional or accidental.

3. GENERAL EXCLUSIONS APPLICABLE TO PART 1 - LIABILITY ONLY:

This policy does not cover any claim, damage, injury, loss, cost, expense or liability of any nature whatsoever arising from, occasioned by or in consequence of (whether directly or indirectly and whether wholly or partly):

(a) ASBESTOS

(1) The actual, alleged or threatened presence of asbestos in any form whatsoever, or any material or product containing, or alleged to contain, asbestos; or

(2) Any obligation, request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, neutralize, protect against or in any other way respond to the actual, alleged or threatened presence of asbestos or any material or product containing, or alleged to contain, asbestos.

However, this exclusion 3.(a) shall not apply to any claim or suit caused by or resulting in an aircraft crash, fire, explosion, or collision or a recorded in flight emergency causing abnormal aircraft operation.

Notwithstanding any other provisions of this policy, we will have no duty to investigate, defend or pay defense costs in respect of:

A. Any claim or suit excluded under Paragraphs (1) or (2) above; or

B. Any such obligation, request, demand, order, or statutory or regulatory requirement described in Paragraph (2) above.

(b) NOISE, POLLUTION AND OTHER PERILS

(1) Noise (whether audible to the human ear or not) or vibration, sonic boom, and any phenomena associated therewith,

(2) Pollution and contamination of any kind whatsoever,

(3) Electrical and electromagnetic interference, or

(4) Interference with the use of property,

unless caused by or resulting in an aircraft crash, fire, explosion, or collision or a recorded in flight emergency causing abnormal aircraft operation.

Nothing in this exclusion 3(b) shall override any radioactive contamination or other exclusion clause made part of this policy.

(c) EMPLOYMENT RELATED PRACTICES

Employment-related practice directed at, termination of the employment of, or refusal to employ any person; or any injury to any other person resulting from any such practice, termination, or refusal.

This exclusion 3(c) applies:

(1) Whether the injury takes place before, during or after a person’s employment;

(2) Whether the insured may be liable as an employer or in any other capacity; and

(3) To any obligation to share damages with or repay someone else who must pay damages because of Injury.

Analysis: 

These last exclusions apply to the liability section only. Asbestos is excluded, as is any required regulation requiring testing, clean up, monitoring, removal, containment, or any other way of responding to the actual, alleged, or threatened presence of asbestos. An exception is made for any claim or suit caused by or resulting in any crash, fire, explosion or collision or an in flight  emergency causing abnormal operations. There is no duty to investigate, defend or pay defense costs for any excluded claim or suit listed or mitigation action required by regulations.

Noise pollution, pollution and contamination of any kind, electromagnetic and electrical interference, and interference with the use of property are all excluded unless caused by or resulting in any crash, fire, explosion or collision or an in flight  emergency causing abnormal operations. This does not override the exclusion for any radioactive contamination or other exclusion in the policy.

Lastly, employment-related practices for termination of employment, refusal to employ any person, or any injury related to such practices, terminations or refusals is excluded. The exclusion applies whether the injury takes place before, during, after a person’s employment, whether the insured may be liable as an employer in another capacity, or to any obligation to share damages with someone else who must pay damages because of injury.

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