Session Descriptions
Sunday, April 30
8–9 a.m.
Inadequate Liability Limits: Impacts on Insureds, Brokers, Claimants and Insurers
Jonathan M. Stern, Schnader Harrison Segal & Lewis LLP
Inadequate insurance limits create problems for all concerned; yet they abound in the aviation insurance market. This presentation will address the problems they create for each of the participants in the insurance equation.
9–10 a.m.
So Much is Riding on Your Tires
Kimberley Stufflet, Preferred Aviation UW
Automobile exposure is often considered insignificant when compared to aircraft values. For this reason it is often overlooked or under managed in the risk analysis process. Some risk managers think coverage is automatically included under the airport CGL policy which is not always the case. A vehicle could fall under the definition of Inland Marine; however this line specifically excludes vehicles that are licensed for road use. Any automobile that is licensed for road use, regardless of its use, should be covered under an automobile policy and care should be taken to ensure coverage is available on airport premises.
This presentation will provide a general overview of the automobile coverage line and will provide detailed examples of how the automobile policy coordinates with the aviation general liability policy.
10–11 a.m.
“Any Doctor’s Appointment You Walk Away From…” Coverage Consideration of Aeromedical Issues
Mitchell A. Garber, M.D., M.P.H., M.S.M.E., Engineering Systems, Inc.
Insuring the operation of an aircraft commonly involves questions about the condition of the aircraft, its operation and maintenance, and who will be flying it. While the answers to many of these questions are frequently discovered through an inspection or assessment, the medical condition of the primary pilot is often based solely on a cursory review of a government-issued medical certificate. The information provided by this medical certificate is limited, and may be inadequate for the purpose of determining risk or insurability.
This presentation outlines specific medical issues that may be of concern to aviation insurers. Examples of actual aviation accidents will be used to demonstrate the potential impacts of different medical conditions and treatments, with particular emphasis on risks that might have been identified through an appropriate and comprehensive independent aeromedical review.
11 a.m.–Noon
Insuring and Defending Public Entities
Alan Farkas, SmithAmundsen Aerospace
Michael Calhoun, Aon Risk Solutions
Public entities hold a privileged status within the U.S. Public entities are able to operate aircraft (manned and unmanned) outside of the typical FAA framework and they are able to use several immunities to avoid liability when a bad event occurs. Also, public entities, and airports in particular, are often able to leverage their assets to demand favorable contractual provisions. At the same time, public entities employ law enforcement and other officials who are often the point of contact for the unwelcome actions that spur litigation. The actions of these officials may be conducted at the behest of Federal agencies or others, and it is often unclear when the public officials are on duty and/or when they are acting in an official capacity. This session will address the unique concerns these issues raise for brokers and underwriters as well as the good, bad, and ugly of defending public entities in our courts.
1–2 p.m.
Worldwide Coverage: International Aviation Operations and Insurance in 2017
Glen Vallach, USAIG
Mitchell Young, USAIG
It comes as no surprise that, in today’s globalized world, the need for international aviation operations, as well as insurance covering such operations, remains strong in the U.S. marketplace. What can be surprising, however, is the amount of complex issues, processes and regulations that must be considered by those looking to acquire, place and/or write international aviation coverage in the United States. It is by no means as simple as changing the Coverage Territory so that it reads, “Worldwide.”
This presentation will examine the many things that operators, brokers and underwriters must consider when arranging and/or providing for international aviation insurance coverage in today’s rapidly evolving regulatory environment. This includes but is not limited to country specific insurance and documentation requirements for foreign aircraft; OFAC requirements and restrictions as they relate to aviation insurance, and the quickly developing regulatory framework relative to aviation operations into and out of Cuba and related insurance issues.
2–3 p.m.
How Drones Benefit Aviation and What You Need to Know
Ted Dunlap, RTI Forensics
Mark Dombroff, Dentons
Ann Taylor, Locke Lord
Art Dawley, Wyvern
The ongoing process to integrate Unmanned Aerial Systems (UAS) into the national airspace offers endless possibilities, but also presents many challenges. A panel of legal and industry experts will provide the latest updates on the FAA’s regulatory regime, and what that means for the insurance industry. The panel will also discuss the most promising benefits that UAS will provide to the aviation industry and how to mitigate the risks that UAS will ultimately introduce to the airspace.
3–4 p.m.
Insuring a US Registered Aircraft to a Foreign Operator
Jim Gardner, The James A Gardner Company, Inc.
Jeff Towers, TVPX
Vic D'Avanzo, USAIG
Ken Forsyth, Crawford Aviation
A panel discussion with a transaction attorney, underwriter and claim professional discussing the issues, problems and nuances of insuring a US Registered aircraft to a foreign operator. We will be discussing the transaction itself, the challenges underwriting the risk, and as well as claims administration.
4–5 p.m.
Is your Insurance License in Jeopardy?" - The ins-and-outs of the ever changing insurance climate
Frank Kimmel, Kimmel Aviation Insurance Agency
David McCredie, McCredie Insurance Agency
Todd McCredie, McCredie Insurance Agency
John Howard, Silver Eagle Agency
This session will explore a potpourri of misunderstood and often debated subjects in the Property and Casualty Insurance world of today. topics ranging from Airport Liability woes and Pollution liability to that crazy state insurance regulation that you have heard about, but didn't know who to ask. You will not want to miss this entertaining and informative session.
Monday, May 1
9:15–10:00 a.m.
John A. Kuhn, CEO, Endurance
Kuhn will share his thoughts on the current state of the industry.
10:30–11:10 a.m.
Mark Baker, President, AOPA
Barker will share the AOPA’s vision as we move into the future.
11:10 a.m.–12 p.m.
Spin and Puke
Scott Shappell, Professor and Chair, Embry-Riddle Aeronautical University
This fast-paced, entertaining, and dynamic presentation is designed to give participants an understanding of the underlying principles associated with spatial disorientation and those things that influence our ability to know our orientation in space. Complete with in-class demonstrations, participants in this session can expect to leave the room with a solid understanding of why head colds, some over-the-counter medications, and alcohol can influence spatial orientation. Equally important, participants will understand the conditions that set pilots up for accidents such as black-hole approaches, somatogravic illusion, cross-coupling coriolis effect, and much more.
12:30–1:30 p.m.
Inspiration for Innovation and the New Race for Space
Burt Rutan, Aerospace Legend
This presentation identifies and describes the environment needed to promote creativity and allow breakthroughs and offers a theory to define why our best innovators were successful. Rutan also discusses the SpaceShipOne research program and how its results have enabled the beginnings of a new industry that will provide the public access to flight out of the earth’s atmosphere.
Attorney/Claims Division
2–3:00 p.m.
The Invisible Hijacker
Security measures exist to thwart the on‐board hijacker. But what about an assault upon ACARS, air traffic control or airline reservation systems by an unseen adversary thousands of miles away, armed with nothing but a keyboard? This session examines cybersecurity in aviation, including potential consequences, theories of liability, claims and defenses against data breaches.
SESSION IS APPROVED FOR CLE CREDIT
*The Claims Division will hold the election for the director-elect after the session.
Agent/Broker/Underwriter Division
2–2:30 p.m.
Agent/Brokers’ Meeting
Luke Uithoven, AIA Director of Agents/Brokers
This pre-combined division meeting will give agent/brokers an opportunity to talk about their division issues as well as hold the election for the director-elect of the agent/brokers’ division.
2–2:30 p.m.
Underwriters’ Meeting
Ernest DeSpain, AIA Director of Underwriters
This pre-combined division meeting will give underwriters an opportunity to talk about their division issues.
2:30–4 p.m.
Queuing Up at AIA
Back by popular demand, each Underwriting Company will be assigned stations with one to three Underwriters per station. There will also be an international desk that will allow International Brokers and Underwriters to participate. Each Broker will be given an underwriting slip to fill. Brokers must go to each Underwriting company until 100 percent of the slip quota is filled. That completed slip must be delivered to the International Reinsurance Desk to be verified, sealed, and deposited for inclusion in the drawings. You will have one hour to complete your slip. Similar to the Brokers at Lloyd’s, participants will have to queue up and efficiently use their time to get the slip filled in the allotted time. Meet, greet, and exchange business cards and emails. For each individual participating, Underwriter will drop one (and only one) business card in the Underwriter Drawing Hopper for inclusion in the Underwriter Drawing.
Tuesday, May 2
Continuing Legal Education Sessions
Again this year, AIA has approved Sunday, Monday, and Tuesday sessions for up to 12 hours of MCLE credits (1 hour of Ethics Credit). Attending AIA’s half-day session of CLE sessions is a great way for you to earn up to four hours of legal education credits. All attendees are welcome to attend.
If you need CLE credits to remain in good standing with your state, a $100 fee applies.
8–9 a.m.
Tackling Difficult Insurance Coverage Issues
Ed Glady, Sanders & Parks, P.C
Come test your mettle and participate in this interactive quiz show presentation addressing complex insurance coverage scenarios ripped from the legal headlines.
Moderated by Ed Glady and featuring surprise guest contestants!
9–10 a.m.
Coverage Issues Relating to Claims Under The False Claims Act
Stephen Wood, Chuhak & Tecson
The False Claims Act is the federal government’s principal anti‐fraud weapon. Any private organization doing business with the federal government is subject to it. This law also provides incentives for so‐called whistleblowers to report wrongdoing. Although the law was originally intended to target fraud, Congress has recently watered down the elements making it easier to bring these claims. At the same time, some defendants have been successful in prevailing in coverage disputes even though the claims purport to be aimed at fraud. This presentation provides an overview of the law focusing on claims involving the aerospace industry and the manner in which courts have addressed the insurance coverage issues.
10:30–11:30 a.m.
Trying the Aviation Case: Ethical and Practical Pitfalls from Experienced Aviation Counsel
- Lisa Savitt, The Axelrod Firm, P.C.
- Leane Capps, Polsinelli
- Aileen Camacho, HFW
- Michele C. Sears, Wilson Elser
- Elizabeth Vasseur-Browne, Cooling & Herbers
11:30–12:30 p.m.
Steering Clear of Sanctions: Managing Client Document Retention and Production Obligations
- Jack Harrington, SmithAmundsen Aerospace