L’ASSICURAZIONE DELLA RESPONSABILITÀ PER DANNO DA PRODOTTO NEL SETTORE AERONAUTICO. FUTURE EVOLUZIONI NELL’AMBITO DEL SINGLE EUROPEAN SKY

The article aims at examining the main characteristics of the aviation product liability regime and related insurance coverages as developed in the US, UK and Italy. Since the latter has elaborated insurance contracts taking into consideration the experience and practice of US and UK, the analysis will compare the London Aircraft Insurance Policy Form AVN1D and the ABC (Aircraft Builders Council Inc.) form with the Italian form. The analysis also considers how the various forms evolve and change in relation with the new technologies applied to aircraft and air transport infrastructure (such as ATM, ATN etc.). The future new technologies of SES (Single European Sky-SESAR programme) and the capabilities of these technologies could change the current allocation of risks and liabilities among the various operators of the aviation sector. Modern anti-collision devices promise to increase safety and reduce pilots’ workload. Meanwhile, the allocation of risk and liability among the various stakeholders of the air traffic is changing, as product liability claims assume greater importance and the operators’ risks decrease. In particular, some of the most important technologies, which will be implemented once SES comes into operation, are examined in an attempt to understand whether such technologies will change the current position regarding allocation of responsibility and consequently insurance obligations.