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-   -   Q: Liability Insurance for Bareboaters? (https://www.boatbanter.com/general/79603-q-liability-insurance-bareboaters.html)

Bryan April 3rd 07 05:20 PM

Q: Liability Insurance for Bareboaters?
 
I have a question that I would think would not be terribly unique, yet
my wife and I are stumped as to the answer. Here it is:

When bareboating as the hosts/captain, how do we cover ourselves
in case one of our guests accidentally gets injured?


Here are a couple possible answers, and my conclusions to each:
1) You're covered by your charter company.
Conclusion: Not with Moorings. They make you sign something
excluding them from responsibility.

2) You're covered by your homeowner's / umbrella policy.
Conclusion: Not with ours and several others we've reviewed. There
is a specific exclusion for any boat 26' in length or 50HP.

I don't believe we are the first bareboat charterers to consider this
issue, but so far, we've had no luck with anyone we've called. All
insurance agents say "wow, that's a really good question", but they
have no answers. BOAT/US only insures your own boat. There's a
service in Australia that offers exactly this coverage (for "hirers"),
but only in that country.

I trust that my crew isn't going to needlessly try to sue me, but
what if someone slips getting into the dinghy and conks themselves
into permanent brain damage on the dock? Right now, I feel like they
could clean me out financially. Maybe issue football helmets? J

I truly hope this hasn't been already discussed ad nauseam, but a
search in rec.boats for "bareboat liability" turned up nothing
useful.

I'll be doing my 4th BB cruise in the BVIs next month, and hope to be
able to resolve this issue before then.

Thanks for any help you can provide!!!

Bryan
Meadow Vista, CA


Chuck Gould April 3rd 07 07:08 PM

Q: Liability Insurance for Bareboaters?
 
On Apr 3, 9:20�am, "Bryan" wrote:
I have a question that I would think would not be terribly unique, yet
my wife and I are stumped as to the answer. *Here it is:

When bareboating as the hosts/captain, how do we cover ourselves
in case one of our guests accidentally gets injured?


Here are a couple possible answers, and my conclusions to each:
1) You're covered by your charter company.
Conclusion: *Not with Moorings. *They make you sign something
excluding them from responsibility.

2) You're covered by your homeowner's / umbrella policy.
Conclusion: *Not with ours and several others we've reviewed. *There
is a specific exclusion for any boat 26' in length or 50HP.

I don't believe we are the first bareboat charterers to consider this
issue, but so far, we've had no luck with anyone we've called. *All
insurance agents say "wow, that's a really good question", but they
have no answers. *BOAT/US only insures your own boat. *There's a
service in Australia that offers exactly this coverage (for "hirers"),
but only in that country.

I trust *that my crew isn't going to needlessly try to sue me, but
what if someone slips getting into the dinghy and conks themselves
into permanent brain damage on the dock? *Right now, I feel like they
could clean me out financially. *Maybe issue football helmets? *J

I truly hope this hasn't been already discussed ad nauseam, but a
search in rec.boats for "bareboat liability" turned up nothing
useful.

I'll be doing my 4th BB cruise in the BVIs next month, and hope to be
able to resolve this issue before then.

Thanks for any help you can provide!!!

Bryan
Meadow Vista, CA



Are you referring to homeowners/umbrella as if it were as single
policy?

It might well be true that the liability portion of most homeowner's
insurance policies won't cover a bareboat charter, but unless things
have become far more restricted in the years since we first bought a
general liability umbrella policy you should be insurable for almost
any legal activity. I do know that we pay a (very slight) surcharge on
our GL umbrella because we own and operate a boat of moderate size. At
the very least, you ought to be able to purchase a
"rider".

You can insure almost any legal activity- it's only a question of
cost. :-)






Bryan April 3rd 07 07:38 PM

Q: Liability Insurance for Bareboaters?
 
Chuck,

Thanks for the response.

Are you referring to homeowners/umbrella as if it were as single
policy?


No, sorry, they are separate. But both specifically exclude any
activities on a boat 26' or greater in length.

It might well be true that the liability portion of most homeowner's
insurance policies won't cover a bareboat charter, but unless things
have become far more restricted in the years since we first bought a
general liability umbrella policy you should be insurable for almost
any legal activity.


I guess things have indeed changed. There are now pages of activities
that are excluded on our policy, and the other policies that we've
reviewed. Agents seem to agree that the underwriters generally don't
like any risky activities. We asked "so basically, homeowner's and
umbrella insurance are fine as long as you don't step out your front
door, right?" She laughed, but essentially agreed.

I do know that we pay a (very slight) surcharge on
our GL umbrella because we own and operate a boat of moderate size.


Our problem is that we don't own a boat. We're just bareboaters...

At the very least, you ought to be able to purchase a "rider".


I agree in priciple, but we haven't found this from any of the agents
we've asked.

You can insure almost any legal activity- it's only a question of
cost. :-)


If anyone has found a company that has done this for them, please let
me know...

Thanks,
Bryan




Wayne.B April 3rd 07 08:24 PM

Q: Liability Insurance for Bareboaters?
 
On 3 Apr 2007 09:20:19 -0700, "Bryan" wrote:

When bareboating as the hosts/captain, how do we cover ourselves
in case one of our guests accidentally gets injured?


Here are a couple possible answers, and my conclusions to each:
1) You're covered by your charter company.
Conclusion: Not with Moorings. They make you sign something
excluding them from responsibility.

2) You're covered by your homeowner's / umbrella policy.
Conclusion: Not with ours and several others we've reviewed. There
is a specific exclusion for any boat 26' in length or 50HP.

I don't believe we are the first bareboat charterers to consider this
issue, but so far, we've had no luck with anyone we've called. All
insurance agents say "wow, that's a really good question", but they
have no answers. BOAT/US only insures your own boat. There's a
service in Australia that offers exactly this coverage (for "hirers"),
but only in that country.


Here's a suggestion or two, not entirely sure if it's really the right
solution but it might work:

1. Jointly sign the charter agreement with the other couple so that
neither of you are "guests", and/or have your lawyer draft up a "hold
harmless" agreement and have the other couple sign.

2. Hire a captain along with the boat.



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