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Mon, Dec 24, 2018

Insurer Not Liable For Drone Injury Under Aircraft Policy

Person Was Struck By A Drone During A Wedding

A judge has determined that an insurance company is not liable for an injury caused by a drone at a wedding in 2016 because of an exclusion against injuries caused by aircraft.

Business Insurance reports that a lawsuit was filed by a woman who lost the use of one eye after being struck by a drone owned by California-based Hollycal Production at a wedding. But in a countersuit filed by the insurer, Tokio Marine unit Philadelphia Indemnity in Bala Cynwyd, PA, the U.S. District Court in California ruled that the company's policy includes an exclusion for bodily injury or property damage caused by an aircraft ... any aircraft.

The law firm representing the injured woman argued that a drone did not fall under the definition of "aircraft" because "a drone equipped with a camera is not capable of transporting people or cargo."

But in the ruling, the court said that "The ordinary definition of an aircraft does not require the carrying of passengers or cargo. Additionally, that a drone is unmanned and operated remotely does not make it less of an aircraft," meaning the insurer was not required to cover the damages sought.

(Image from file)

FMI: Source report

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