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Beware Of Air Traffic Control Exclusions

By Gary W. Griffin, ARM

Today the use of private airstrips and helipads by businesses with operations in remote areas is not uncommon. Such facilities range from nothing more than dirt or gravel airstrips to paved runways. Many businesses that own or operate such facilities and that purchase insurance coverage for such operations should be alert for onerous exclusions relating to “air traffic control operations” that can limit coverage. We have seen a number of airport liability policies that have exclusionary endorsements for so-called air traffic control operations but which don’t specifically define the term “air traffic control.”

While there may be little argument that the operation of a control tower would evidence the owner is exercising air traffic control, what about communications between an aircraft pilot and personnel on the ground regarding weather, runway, or helipad conditions? What about the existence of navigation aids such as wind socks or lights? Would such communications or the existence of such equipment be considered air traffic control operations and any resulting liability thereby excluded?

If you or your insured operate airstrips, helipads, or runways, check your insurance policies carefully to make sure they do not contain onerous exclusions relating to air traffic control. If such exclusions exist, ask your broker to define specifically what is excluded. In our view, incidental communications between aircraft and personnel on the ground and simple navigation aids, such as a wind sock or lights, should not be excluded.

ABOUT THE AUTHOR

Gary Griffin, ARM, is Executive Vice President of Warren, McVeigh & Griffin, Inc., a risk management consulting firm in Newport Beach, California. He also is publisher and editor for Griffin Communications, Inc., which publishes and distributes The Risk Management Letter, The EPL Book, The D&O Book, The Umbrella Book, and riskVue. He can be reached at gary@griffincom.com.

riskVue | The webzine for risk management professionals
January 2004