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Business / Legal Working Group. chris Kunstadter | XL Insurance | MAY 2013. Agenda Topics. Introductions – Chris Kunstadter, Russ McMurry MPL methodology review – Chris Kunstadter GSO and NGSO forecasts – Chris Kunstadter, Kate Maliga

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business legal working group

Business / Legal Working Group

chris Kunstadter | XL Insurance | MAY 2013

agenda topics
Agenda Topics

Introductions – Chris Kunstadter, Russ McMurry

MPL methodology review – Chris Kunstadter

GSO and NGSO forecasts – Chris Kunstadter, Kate Maliga

Waivers for many payloads (“Part 440 Modifications”) – Randy Repcheck

Develop a legal framework for private exploitation and utilization of space resources – Joanne Gabrynowicz

Long-term extension of third party risk-sharing regime – Jim Muncy

Strengthening of informed consent protection from unrestricted second party litigation – Michael Lopez-Alegria

Inclusion of spaceflight participants in third-party indemnification – Michael Lopez-Alegria

Termination Liability – Michael Lopez-Alegria

mpl methodology review
MPL Methodology Review

Telcon Jan 25, 2013 – 50+ participants

Recommendations for organizations to perform MPL review

ACTA

White Sands Research and Development

Various “cat” modelers – catastrophe risk analysis for the insurance industry

AIR, Eqecat, RMS, etc.

Recommendations forwarded to FAA/AST

develop a legal framework for private utilization of space resources
Develop a legal framework for private utilization of space resources

Observation/Finding/Recommendation: FAA/AST should support efforts in Congress and through the Department of State to confirm the right of private sector companies to enjoy the benefits of resources extracted from the surface or subsurface of the Moon and/or other celestial bodies, subject to appropriate regulation by a relevant U.S. Government entity such as FAA/AST.

long term extension of third party risk sharing regime
Long-term extension of third party risk-sharing regime

Observation/Finding/Recommendation: The current U.S. space launch risk sharing regime is considerably less comprehensive than those of other nations as a recent GAO report described. The Congressional Budget Office has scored this risk-sharing regime as creating no costs for the government.

Observation/Finding/Recommendation: The indemnification regime should be extended for a minimum of ten years, and permanently if possible, or another permanent solution to limit risk for companies and the government should be implemented.

strengthening of informed consent protection from unrestricted second party litigation 1 2
Strengthening of informed consent protection from unrestricted second party litigation (1/2)

Observation/Finding/Recommendation: While the Commercial Space Launch Act requires that licensees obtain informed consent from their spaceflight participant customers, it is silent on the issue of potential claims from participants in the event of a flight incident or accident.

Observation/Finding/Recommendation: To encourage the successful growth of the commercial space flight industry, operators, manufacturers, suppliers, and other contractors should enjoy a predictable and consistent legal environment where they can be held accountable for deliberate malfeasance or gross negligence, but not for the inherent risks associated with human spaceflight.

strengthening of informed consent protection from unrestricted second party litigation 2 2
Strengthening of informed consent protection from unrestricted second party litigation (2/2)

Observation/Finding/Recommendation: Commercial spaceflight activities legally implicate the federal government because the U.S. is a signatory to international treaties making nation-states liable for space activities of non-governmental entities.

Observation/Finding/Recommendation: Cross-waivers among all parties on the licensee side of the launch activity should be required, and Federal courts should decide legal cases regarding any element of the federal license, including the legal validity of any waiver of claims signed by spaceflight participants, after being fully informed as to the risks of the spaceflight.

include spaceflight participants in third party indemnification
Include spaceflight participants in third-party indemnification

Observation/Finding/Recommendation: Spaceflight participants are explicitly excluded from Federal indemnification, and not listed in law as a party to be protected by the licensee’s insurance. Therefore, COMSTAC supports modifying CSLA language to specifically include spaceflight participants in third-party indemnification.

termination liability
Termination Liability

Observation/Finding/Recommendation: COMSTAC supports termination liability reform at NASA in order to protect commercial and NASA programs from being exposed to overly burdensome termination liability costs. Specifically, there should be a reasonable ceiling on termination liability assessments that reflects historic programmatic cancelation rates at NASA.

thank you
Thank you!

Christopher T.W. Kunstadter

Senior Vice President

XL Insurance

+1 212-915-6387

chris.kunstadter@xlgroup.com