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been very few claims to date arising from STRENGTH IN NUMBERS policy on commercial drone use beyond drones in any context. Underwriters are Ski areas that are part of a multi-resort the FAA’s current prohibition on commer- rapidly exploring options to fill this cover- enterprise—Powdr Resorts, Intrawest, cial operation of drones. Ski areas on USFS age void, which may include special low- Peak Resorts, Boyne Resorts, Aspen land may want to consult with their local cost riders or policies. Snowmass, Mammoth/Snow Summit— Forest Service rangers for their input in the Given this exclusion, a resort’s may want to consider applying for a application process. underlying general liability policy cur- Section 333 exemption for all their resorts, There are many other factors to con- rently does not cover property damage in one application, operating under com- sider as well, including weather, spe- or injuries caused by the resort’s use of pany-wide procedures. (Indeed, the six cific location, the involvement of local drones. If a resort uses an aerial drone for independent movie studios that received partners such as sheriffs’ departments, filming a marketing video and it collides the FAA’s first approval for the Section 333 and, especially, how drone use will min- with lift installations, or startles a guest exemption did so after joining forces and imize injury risks to employees in dan- into a collision with a tree, the resort’s submitting one, collective application.) gerous conditions. But with the FAA’s insurance would not cover those claims. Furthermore, resorts should include recent approval of commercial drone use However, if a third-party operates a drone a wide variety of uses in their Section by movie studios, many aviation experts at a ski area—for example, a teenager or 333 applications—including inspection anticipate a deluge of other applications guest flying an unauthorized drone that of lifts, marketing filming, special events, by other businesses seeking to capitalize causes an injury or property damage to search-and-rescue, or use during sweeps, on this technology. another guest or to the ski area—then a and so on. Each of these uses warrants an Simply put, resorts and other busi- resort’s general liability policy would in in-depth discussion of the specific reasons nesses may no longer have to fly under the fact cover such claims. The aircraft exclu- (and corresponding safety efforts) that will radar when it comes to operating UAS, sion for drones would only apply if the be employed in operating drones. but they will need to have thoughtful and drone is owned or operated by the ski For resorts on U.S. Forest Service land, detailed rules and protocols in place to area itself. the USFS does not have an individual increase their chances for FAA approval. N Technical UNIFORMS | Custom Built for the Industry Functional Customizable Choose your own colors and styles, all designed for comfort and durability. phone: 775.831.7670 web: MountainUniforms.com email: info@MountainUniforms.com 14 | NSAA Journal | EARLY WINTER 2014 w w w.nsaa. org NSAA Early Winter 2014 prepressed v5b.indd 14 10/29/14 6:06 PM