Commercial Insurance and cover for ‘Acts of War’ – Important Update for Members

We want to update you on an issue relating to commercial insurance and cover for ‘Acts of War’ — and what it means for you as members.

Our insurance is renewing, and whilst the insurance includes cover for up to £15,000 p.a. of commercial use, the insurance company will not provide cover for ‘Acts of War’. And we have been unable to source suitable cover for ‘Acts of War’ elsewhere.

Why is cover for ‘Acts of War’ important?
EC 785/2004 is a regulation introduced after 9/11, long before drones existed. It was written for commercial airlines and sets out insurance requirements covering passengers, baggage, cargo, and — importantly — ‘Acts of War’.

This regulation also applies to drones, which creates a technical problem. 

What about recreational drone flying?
This issue does not affect recreational drone flying – which creates a contradictory situation:

• Recreational drone flying is explicitly exempt from EC 785/2004 by the definition in CAP722.
• Since 2021, CAA rules make no distinction between commercial and recreational flying — both are treated equally under the risk-based framework. But the same definition does not extend to commercial operations, leaving those doing any form of commercial operations technically caught by an outdated requirement that is practically impossible to satisfy.

What are we doing about it?
We are pleased to report that our colleagues at the CAA have been very receptive and responsive on this matter. Their initial feedback aligns with our view that ‘Acts of War’ cover is a technicality that isn’t actually relevant to SUAS flown in the UK airspace.

We look forward to an official legal definition, and further clarification (which is hopefully a resolution), from them as soon as possible.

We will continue to work with the CAA at pace to clarify and resolve the ‘Acts of War’ insurance issue and we will keep you updated.

What can you do to help?
All signs from the CAA are positive at the moment, so we would ask you to please standby for now. It is possible that we will need your assistance in making our voices heard on this matter in the future. If that is the case, we will contact you again with more information.

What this means for you

• Recreational drone flying is completely unaffected — you can continue as normal. Members remain covered by £5m public liability insurance, £5m products liability insurance, and £1m professional indemnity, including cover for up to £15k of commercial operations per year.
• The insurance that covers our members does not include cover for ‘Acts of War’ and therefore does not presently comply with every element of EC 785/2004. This is a technicality, which we hope will be resolved very soon.