# Presentation: 336177

## Launch & Space Liability Insurance Overview

**Presentation to COMSTAC**
**Washington, DC**
**October 30, 2008**

**Raymond F. Duffy Jr.****Senior Vice President**
**Willis Inspace****212-915-8209**
**raymond.duffy@willis.com**

## Insurance coverages for space activities

- Asset coverage (*i.e.*, launch and in-orbit insurance)
- Covers owner or operator of a launch vehicle or satellite against loss of the physical asset due to physical loss, damage or failure
- Insured value for satellite replacement cost (satellite + launch + insurance cost) typically $150-250 million
- Market annual premium typically $700-800 million

- Liability coverage (*i.e.*, launch and in-orbit liability insurance)
- Covers owner or operator of a launch vehicle or satellite against claims by third parties for bodily injury and property damage
- Limits of insurance policies typically ≤$500 million for large launch vehicles
- Market annual premium typically <$20 million

## Space liability - historical developments

- In 1984, after Challenger and the discontinuation of commercial shuttle flights, a U.S. Government Presidential mandate was issued to promote competitiveness of the U.S. launch industry by making U.S. Air Force launch facilities available for commercial launches.
- More recently, Congress mandated fiscal responsibility for the launch industry. Government entities began efforts to reallocate launch risks to the commercial sector.
- Aviation products liability insurers generally provide space liability insurance.
- Liability coverage for a launch failure would arise out of the launch liability or products liability insurance policies.
- Total annual worldwide launch and in-orbit liability premium is less than $20 million.

## U.S. Government Launches

- Viewed as a procurement under the Federal Acquisition Regulations
- Responsibility (“care, custody and control” = CCC) was thought to pass to the Government at the manufacturing site or when the vehicle arrived at the launch site
- Some policies “deemed” launch vehicles and spacecraft products not to be in the CCC of the insured upon arrival at the launch site
- Responsibility for damage to Government property was assumed to remain with the Government (e.g., Air Force or NASA)

## Launch and in-orbit liability coverage issues

- Available limits
- Launch and in-orbit: ≤$500,000,000
- Launch
- Multiple parties involved in process
- Inter-party liability
- Third-party liability concerns
- US Government reluctance to provide indemnification
*e.g.*, NASA Constellation program (Ares/Orion)
- Liability for post-accident clean-up costs
- In-orbit
- Non-coordinated satellites / frequency interference
- Co-located satellites

## Commercial Space Launch Act (CSLA)
Applies to commercial launches only
Governs licensed launch activities
“Launch” includes the flight of a launch vehicle and pre-flight ground operations beginning with the arrival of a launch vehicle or payload at a U.S. launch site and ending for ground operations when the launch vehicle leaves the ground, and for flight after the licensee’s last exercise of control over the launch vehicle.
Provided in lieu of PL 85-804
Excess of MPL (Maximum Probable Loss) as advised by FAA
Flow-down...all parties are protected
PL 85-804 (Ultra-Hazardous Indemnification) 
In the past PL 85-804 has usually been given by U.S. Government
If PL 85-804 is not granted, Government would pay for insurance or increased limits of insurance already in place
Excess of insurance or in lieu of insurance
Current trend is for the government to try to pass this risk to the supplier and not provide 85-804
Occurs most often for launches the Government believes are of a less-hazardous nature
NASA Space Act Agreements
Provided in lieu of PL 85-804
Excess of MPL (Maximum Probable Loss) as advised by NASA
No flow-down...each contractor has to have its own Space Act Agreement
Insurance market has been able to work in conjunction with these programs to successfully tailor coverage to needs of launch operators

- Applies to commercial launches only
- Governs licensed launch activities
- “Launch” includes the flight of a launch vehicle and pre-flight ground operations beginning with the arrival of a launch vehicle or payload at a U.S. launch site and ending for ground operations when the launch vehicle leaves the ground, and for flight after the licensee’s last exercise of control over the launch vehicle.
- Provided in lieu of PL 85-804
- Excess of MPL (Maximum Probable Loss) as advised by FAA
- Flow-down...all parties are protected
- PL 85-804 (Ultra-Hazardous Indemnification)
- In the past PL 85-804 has usually been given by U.S. Government
- If PL 85-804 is not granted, Government would pay for insurance or increased limits of insurance already in place
- Excess of insurance or in lieu of insurance
- Current trend is for the government to try to pass this risk to the supplier and not provide 85-804
- Occurs most often for launches the Government believes are of a less-hazardous nature
- NASA Space Act Agreements
- Provided in lieu of PL 85-804
- Excess of MPL (Maximum Probable Loss) as advised by NASA
- No flow-down...each contractor has to have its own Space Act Agreement
- Insurance market has been able to work in conjunction with these programs to successfully tailor coverage to needs of launch operators

- Historical approach to launch and in-orbit liability issues

## Manufacturers in-orbit liability coverage issues

- Available limits: Up to market capacity (currently ≤$2,000,000,000)
- In-orbit satellite failures arising from products defects have increased.
- Strength of contractual indemnifications between satellite owners and manufacturers has increasingly been tested by insurers who have paid asset claims to satellite owners for these failures.
- Currently subrogation is proceeding where owners’ insurers are trying to recover from a manufacturer due to negligence.
- In a recent case, court arbitration found operator did not properly inform insurers before the loss, so insurers did not have to pay claim.
- Future problems with satellite product defects will continue to keep the issue on the table.

## Foreign Commercial Launches

- Arianespace
- Provides coverage to its customers and subcontractors for approx. €61,000,000
- Unlimited government indemnification in excess of insurance
- Availability of the indemnification has never been tested
- Process is transparent for the customer
- Chinese and Russian launches
- Typically provide coverage for a limit of $300,000,000
- Government indemnification may be available excess of insurance
- Coverage for subcontractors, customers, and satellite manufacturers is sometimes provided
- Liability standards are not as burdensome as in the U.S.
- Japanese launches
- Typically provide coverage for a limit of ¥20,000,000,000
- All of these programs essentially mirror the CSLA

## Conclusion		

- Sufficient aerospace liability insurance capacity exists today to provide coverage for government and commercial launches.
- Insurers will also be able to provide launch liability coverage for new emerging launch vehicles and space operations.
- Insurers look for CSLA indemnification, PL 85-804 designation, NASA Space Act protection, and other limitation of liability clauses.
- Due to the low annual market premium for space liability, a significant insured loss will be subsidized by premium from other lines of insurance business
- As a result of a loss, the market would likely experience:
- Significantly increased pricing
- Potential withdrawal of indemnification and other limitation of liability extensions from the Government.
- Reduction or withdrawal of coverage by insurers