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  • 1. Drones.
  • 2. Drones. They’re not only coming…
  • 3. Drones. They’re here!
  • 4. Is this what Mr. Huxley had in mind?
  • 5. Food and drink — delivered by drones.
  • 6. Policy lags behind events. “It’s often that technology gets ahead of policy, particularly in this country, and this is an instance where that essentially has happened”; “Some of the technology—the capability, anyway—has gotten ahead of what the current air traffic system is able to accommodate directly.” Director, University of Colorado Research and Engineering Center for UnmannedVehicles, 2013 (after being forced to submit 60 separate applications for authorization to conduct storm research in the Great Plains of the U.S. – ultimately granted by the F.A.A., but limited to small grids of about 1000 km in northeast Colorado,northwest Kansas and southwest Nebraska)
  • 7. What are the insurance industry’s concerns surrounding UAS use?  1) Privacy  2) Liability  A) Negligent Operation  B) Product Liability  3) Regulatory Violations  A) Federal  B) State  C) Local  4) Use in Claims Handling
  • 8. Privacy Concerns  1) Public Use of UAS  A) Police  B) Military  2) Commercial Use  A) Media  B) Retail  C) Agriculture
  • 9. Privacy Concerns  State regulation outpaces Federal legislation at this point – Florida Freedom from Unwarranted Surveillance Act, Fla. Stat. ;934.50; Illinois Freedom from Drone Surveillance Act, 725 Ill. Comp. Stat. ;167/1-167/35; Idaho Code ;21-213(2)(a); Texas Govt. Code ;423.003, .004; Oregon Rev. Stat. ;837.380  Local governments are getting in on the fun as well – Charlottesville, VA, has adopted a Resolution banning the use of UAS, except in recognized law enforcement situations  California Senator Diane Feinstein calls privacy concerns with drones “very, very major”, warranting Federal Government regulation of “size and type for private use”, with “some certification of the person that’s going to operate it” and “some specific regulation of the kinds of uses it can be put to”
  • 10. Liability Concerns
  • 11.  A) Federal  1) Constitution  2) Legislation  3) Regulatory  B) State  1) Texas  2) Florida  C) Local  1) Charlottesville, Virginia Regulatory Issues
  • 12. Use of UAS in Claims Handling: RecentTornado Events in South-Central US
  • 13. General Liability Policy  The typical CG 00 01 policy form, Coverage A, provides:  Insuring Agreement: We will pay those sums that the insured becomes legally obligated to pay as damages because of “bodily injury” or “property damage” to which this insurance applies.  Exclusions: This insurance does not apply to:…  G. Aircraft, Auto or Watercraft:  “Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft, “auto” or watercraft owned or operated by or rented or loaned to any insured.
  • 14.  49 U.S.C. ;40102(a)(6) defines “aircraft” to be “any contrivance invented, used, or designed to navigate or fly in the air”.  14 C.F.R. Part 1, Section 1.1, defines “aircraft” as a “device that is used or intended to be used for flight in the air”.  Huerta v. Pirker, Docket CP-217, National Transportation Safety Board, decided March 6, 2014: FAA’s definitions of “aircraft” arguably would include “a paper aircraft” or a “toy balsa wood glider” – clearly so overly broad and unreasonable in scope that the Administrative Judge referred to it as reductio ad obsurdum. The FAA’s $10,000 fine assessed to Mr. Pirker for operating his UAS over the University of Virginia’s campus for commercial photography was vacated and set aside; the ruling has been appealed by the FAA to the full NTSB, and the request has been made to stay this ruling, pending that appeal. Are UAS “aircraft”?
  • 15. CG 00 01 — Coverage B  “Personal and advertising injury” is defined to mean “injury, including consequential “bodily injury”, arising out of one or more of the following offenses:…  C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor.” Exclusions: This insurance does not apply to:… A. Knowing Violation of Rights of Another: “Personal and advertising injury” caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict “personal and advertising injury”… D. Criminal Acts: “Personal and advertising injury” arising out of a criminal act committed by or at the direction of the insured….
  • 16.  Congressional mandate to the FAA to integrate Unmanned Aerial Systems (UAS) into the National Airspace System (NAS) by September 2015.  Requires the FAA to create a comprehensive plan and undertake rulemaking to address the integration of UAS into the NAS, and to create test sites for UAS development.  FAA published the First Edition of its “Integration of Civil Unmanned Aircraft Systems (UAS) in the National Airspace System (NAS) Roadmap” on November 7, 2013  FAA designated six test sites around the US to conduct research into the certification and operational requirements for integrating drones safely into the national airspace in December 2013  FAA’s Notice of Proposed Rulemaking suggests regulations applicable to UAS, specifically addressing commercial applications, are expected imminently in 2014 FAA Modernization and Reform Act of 2012 (FMRA)
  • 17. Potential Applications of UAS  Inspections: Search and Rescue  Oil and Gas Pipelines Real Estate Photography  Solar Panels Surveillance  Agriculture (crop monitoring and management) Disaster Site Monitoring  Wildlife Census Volcanic Ash Cloud analysis  Critical Infrastructure Climate monitoring  Thermal Isolation Analysis Invasive species identification  Power Line/Cable Volcano monitoring  Cooling Tower  Algae Proliferation Detection  Aerial Terrain Mapping (urban and non-urban environments)  Gas burn-off stack tip  Wind Turbine Blade  Bridges  Forestry Management and Research  Historical Monument  Aerial Terrain Mapping (industrial site)  Railway track bed  Salt Water Infiltration  Radiation Measurement & Monitoring
  • 18. Underwriting and Insuring Risk Appropriately  The liability risks posed by Unmanned Aerial Systems were the stuff of science fiction only a few years ago – now they are very real and must be addressed proactively  Coverage forms presently in use do not adequately address the variety of risks posed by UAS  60 Minutes piece “Drones Over America” on March 16, 2014, said the “genie’s out of the bottle” – it’s our job now to adequately assess and insure the risks posed as a result
  • 19. Questions?
  • 20. Uniform Preferred Rates and Portfolio Fee Arrangements. Our Member Firms offer Uniform Preferred Rates as well as Portfolio Fee Arrangements that work to your advantage. Why Each Your House Counsel Member Firm Is The One To Turn To ®
  • 21. Uniform Preferred Rates and Portfolio Fee Arrangements. Our Member Firms offer Uniform Preferred Rates as well as Portfolio Fee Arrangements that work to your advantage. We conduct extensive due diligence coupled with a very stringent vetting process. This assures you that our Members are highly qualified. You’ll be represented by a neighbor, not a stranger. Our local representation means our Members know the nuances of their jurisdictions. Why Each Your House Counsel Member Firm Is The One To Turn To ®
  • 22. Uniform Preferred Rates and Portfolio Fee Arrangements. Our Member Firms offer Uniform Preferred Rates as well as Portfolio Fee Arrangements that work to your advantage. We conduct extensive due diligence coupled with a very stringent vetting process. This assures you that our Members are highly qualified. You’ll be represented by a neighbor, not a stranger. Our local representation means our Members know the nuances of their jurisdictions. Finding a local law firm with proven experience will take minutes, not days or weeks. YourHouseCounsel.com makes the search for a qualified firm fast, easy and private. Why Each Your House Counsel Member Firm Is The One To Turn To ®
  • 23. Uniform Preferred Rates and Portfolio Fee Arrangements. Our Member Firms offer Uniform Preferred Rates as well as Portfolio Fee Arrangements that work to your advantage. We conduct extensive due diligence coupled with a very stringent vetting process. This assures you that our Members are highly qualified. You’ll be represented by a neighbor, not a stranger. Our local representation means our Members know the nuances of their jurisdictions. Finding a local law firm with proven experience will take minutes, not days or weeks. YourHouseCounsel.com makes the search for a qualified firm fast, easy and private. We’re right where you need us. That’s because we are adding highly qualified Members in jurisdictions throughout the country. Why Each Your House Counsel Member Firm Is The One To Turn To ®
  • 24. Anderson Crawley & Burke, pllc is a Mississippi law firm headquartered in Jackson, Mississippi. ACB’s attorneys represent businesses, the insurance community, and governmental entities throughout Mississippi in a broad spectrum of practice areas. The commitment of its members to excellence, fairness, and honesty is the basis for the success of the firm’s attorneys and for the recognition they have achieved in their careers. ACB views its mission as that of a strategic partner with its clients in managing the risk associated with litigation, and that vision has solidified the relationships between ACB’s attorneys and the firm’s clients. The firm was founded in 2003, but the roots of the firm’s history run to the 1970's when Jim Anderson, ACB’s Managing Member, entered the world of workers’ compensation first as a Claims Professional and then as a Claims Supervisor/Administrative Assistant with the Mississippi Workers’ Compensation Commission. His career has remained focused primarily on workers’ compensation issues involving the defense of employers and carriers in litigation, mediation of disputes. Practice Areas: Workers’ Compensation; General Liability; Medical Device Liability; Premises Liability; Products Liability; Professional Liability; Director and Officer Liability; Health Care, Nursing & Pharmacy Liability; Government Torts & Public Liability; Defense Litigation Management; Longshore and Harbor Workers’ Act; Personal Injury; Administrative Law; Appellate Advocacy; Transportation Law; Business Planning and Operations; Construction Law; Governmental Relations; Insurance Regulation Labor and Employment Law. Timothy D. Crawley Anderson Crawley & Burke, PLLC Jackson, Mississippi Timothy D. Crawley is admitted to the Bar of Mississippi, United States District Courts for Northern and Southern District of Mississippi, United States Court of Appeals for the Fifth Circuit in 1986 and admitted to practice before the United States Supreme Court in 1998. He completed his preparatory education at Duke University (A.B. Political Science; History, 1982) and his legal education at the University of Mississippi (J.D., 1985). While in law school, Mr. Crawley was a member of Phi Delta Phi (Exchequer, Summer 1985) and Moot Court Board (Chairman, Appellate Division, Summer, 1985). He received the American Jurisprudence Award in Antitrust. Mr. Crawley is presently a member of the American Bar Association; Mississippi Bar Association; Harrison County Bar Association; Hinds County Bar Association; Bar Association of Fifth Federal Circuit; Mississippi Defense Lawyers Association; Mississippi Claims Association; American Business & Insurance Attorneys; Defense Research Institute (Young Lawyers Committee, 1991-95, Drug & Medical Device Steering Committee, 1994-95, Technology Committee, Mississippi State Liaison, 2000- Present, and Trucking and Insurance Committees, 2005 to present); Mississippi Economic Council, 1992-Present; Leadership Mississippi, 1995-96. He has been a faculty member for a variety of seminars dealing with issues in his areas of specialty.
  • 25. Doyen Sebesta was founded as a litigation firm and our commercial trial lawyers understand the complex issues involved in business related disputes. We take great pride in developing personal relationships with our clients. We work diligently to understand all the pertinent aspects of our clients’ business so that we can effectively represent them in their business related matters. We maintain that the effective handling of a client’s business related dispute requires a collaborative effort between us and our clients. Doyen Sebesta’s subrogation practice is a focal point of the firm. Our attorneys have successfully handled subrogation claims for a variety of insurers, both international and domestic. These cases are won by the early identification of the legal and factual issues, the proper preservation of the critical evidence, and the retention of properly qualified experts. At Doyen Sebesta, your business becomes our business. We represent local, regional, national, and international clients in a variety of commercial and business related matters and litigation. We are dedicated to providing each client with experienced, focused representation which emphasizes that client’s business objectives and offers cost- effective solutions. Practice Areas: Subrogation & Recovery; First Party Defense/Bad Faith; Insurance Coverage; Third Party Defense; Construction; Creditor Rights; Employment Law; Premises Liability; Product Liability; Real Estate; Transportation Liability; Real Estate Transactions; Mergers & Acquisitions; Entity Formation & Organization; Employment; Corporate Representation/Commercial Transactions; Banking & Lender Representation. Scot Doyen Doyen Sebesta Houston, Texas Mr Doyen is Board Certified in Civil Trial Law by the Texas Board of Legal Specialization. In 2011, Mr Doyen was named to the Super Lawyers list as one the top attorneys in Texas in the area of personal injury defence litigation. Being included as a Super Lawyer is a distinction conferred on less than 5% of the eligible lawyers in Texas. He has maintained a broad and varied trial practice and during the last 18 years, Mr Doyen has tried in excess of 60 significant cases. He has also handled numerous civil and criminal appeals. Mr Doyen routinely represents insurance carriers providing analysis and opinions in routine and complex coverage matters, as well as providing defence in bad faith claims involving personal and commercial lines of coverage. In that capacity, Mr Doyen handled the defence of hundreds of Hurricane Ike lawsuits, and is actively involved in defending carriers in various types of first-party cases.
  • 26. Shafer Glazer is a recognized leader in the field of Insurance and Corporate Liability Defense. Our firm has not only received Martindale- Hubbell’s® highest rating of AV® Peer Review Rated, but also is listed in the Martindale-Hubbell® Bar Register of Pre-Eminent Lawyers™ in the areas of Insurance Defense, Labor and Employment and Workers Compensation. A.M. Best has placed Shafer Glazer in its Directory of Recommended Insurance Attorneys. Our attorneys are Members of The Council on Litigation Management and hold the position of New York State Chair. Shafer Glazer has extensive experience working with insurance companies, policy holders, third party administrators, captives, risk retention groups and large self-insured companies. Because of our depth of knowledge, our attorneys have been invited as speakers for business associations, municipal hearings and continuing education on topics relevant to our clients and insurance companies in New York and New Jersey. Practice Areas: Alternative Dispute Resolution, Appellate Practice, Attorney Malpractice, Automobile Liability, Commercial and Business Litigation, Construction Liability, Corporate Counsel, Directors and Officers Liability Defense, Employment Practices Liability, Environmental/Toxic Tort, General Liability, Insurance Coverage, Labor and Employment, Premises Liability, Products Liability Defense, Professional Liability Defense, Security Company Liability, Workers’ Compensation Defense. Howard S. Shafer Shafer Glazer, LLP New York, NY Tenafly, NJ Howard. S. Shafer is the Managing Partner of Shafer Glazer, with over 23 years of experience in the Insurance and Corporate Liability Defense field. He has received an AV Rating from Martindale-Hubbell and has been recognized as a New York Super Lawyer since 2006. Since 2009, he has been selected for the Corporate Counsel Edition. He was also selected as a New York State Chair of the Claims and Litigation Management Alliance. Howard is the current Chair of the Corporate Counsel Section of the New York State Bar Association. His cases have been reported in both Federal and State reporters and his articles have appeared in a number of legal publications. He has lectured on various subjects in his field and Chaired the Third Corporate Counsel Institute, co-sponsored by the Corporate Counsel Section and the Committee on Continuing Legal Education of the New York State Bar Association in New York City. Mr. Shafer is the Founder and President of Your House Counsel®, the National Consortium of Highly Regarded Insurance and Corporate Liability Defense Law Firms.
  • 27. For over 90 years, Bailey & Dixon has been regarded as one of North Carolina’s most experienced and trusted law firms concentrating in administrative, business and insurance law, civil litigation, and governmental relations. The attorneys who established Bailey & Dixon had the vision, ability and determination to build a first-rate law firm. Our size is and has been a deliberate, thoughtful process — we reject the notion that bigger is better. Practically all of our partners were originally associates. We are proud of our collegial environment, based upon mutual professional respect and personal friendships. Bailey & Dixon is distinguished by our commitment to integrity, our excellence in representing client needs and our track record of success. Practice Areas: Insurance Law; Employment Law; Administrative Law; Business and Corporate Law; Litigation; Governmental Law; Estate Planning and Administration; Campaign Finance; Elections and Redistricting; Real Estate; Land Use and Development Law. David B. Coats Bailey & Dixon Raleigh, North Carolina David Coats is the firm’s co-managing partner and senior litigation partner. He has been recognized by and peer selected for The Best Lawyers in America; Business North Carolina Magazine's Legal Elite; and Charlotte Magazine and Law & Politics Magazine's North Carolina Super Lawyers. Since 1996, Martindale Hubbell has recognized Mr. Coats with its prestigious peer “AV” rating. Mr. Coats focuses his practice on commercial litigation, construction defect litigation, insurance coverage litigation, insurance bad faith and unfair claim practices, appellate practice, and municipal and law enforcement liability law, as well as personal injury actions. Experienced in federal and state court proceedings, Mr. Coats is the attorney of record in over 35 published opinions from the North Carolina Court of Appeals, the North Carolina Supreme Court, Federal District Courts in North Carolina and South Carolina, and the U.S. Fourth Circuit Court of Appeals and he has tried a large number of cases to verdict both in state and federal court. Mr. Coats is also a certified mediator and has mediated and arbitrated a variety of cases.
  • 28. Since 1995 when Ed Flink and Jay Smith began practicing law together, they have capitalized on their similar training, shared values as regards the practice and dedication to their clients and the highest ethical standards in building a diverse and successful practice which has served the needs of many individuals and businesses for more than 15 years. Prior to the firm’s formation, Ed had a successful partnership of 12 years, after six years with a major upstate New York firm, and Jay had made the decision to open his own firm after almost 10 years of practice with an old line Capital District firm and a house counsel operation. Both Jay and Ed had an understanding of and contacts in the Insurance Industry and had learned how to litigate from the best, but both also knew that the primary goal of all clients is the resolution, not the continuation of their case. Ed and Jay shared the belief in the need to contain the client’s legal expense without compromising the client’s interests. We believe the practice of law can be a powerful tool for our clients’ lives and businesses. In instances of simple tasks and transactions, smooth, prompt delivery of service is a benchmark of our firm. In more complex situations, greater thought is applied, to assure an intelligent approach, with understanding of the forces of human nature, and compassion. In both types of matters, the product is the same: excellent results with unparalleled service, at a fair cost. Practice Areas: Insurance Defense; Insurance Coverage; Business and Corporate; Matrimonial and Family Law; Estate Planning and Elder Law; Personal Injury; Real Estate. Edward B. Flink Flink Smith Law, LLC Albany, New York Edward B. Flink is a founding member of Flink Smith Law LLC. He has been practicing law for over 35 years. Throughout his carrier, Ed has represented individuals and entities in commercial, employment, insurance, corporate and injury matters. Ed has successfully resolved thousands of cases for his clients, taking dozens of verdicts in both state and federal court. By virtue of his experience, Ed has become widely recognized as a “go to” person where complex issues are involved. He is universally regarded as an attorney one can consult when thorough analysis and thought is required to evaluate the clients’ position and options for resolution. Leveraging years of experience, and his reputation as a tough litigator, Ed is able to solve problems and develop opportunities in the most difficult and complex disputes, many times negotiating agreements that satisfy the needs of everyone involved.
  • 29. YourHouseCounsel.com