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Old 02-12-2014, 15:35   #1
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Do you carry Liability Insurance for crewing or captaining

We often don't talk about this. In the past and what I have observed, boat owner resume all the liability and damage. For those making professional delivery and crewing for the owner, do you carry the professional liability insurance.

All business carries liability insurance, but I have not noticed all professional captains have their insurance in place. How do you protect your nest egg if you don't have insurance. Even if you win, you will lose for fighting the case in court.

If you carry insurance, what company do your have? Are there companies specialize in boat delivery coverage?

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Old 02-12-2014, 16:04   #2
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Re: Do you carry Liability Insurance for crewing or captaining

As part of the Jones Act, I think you are required to insure all who work on your boat and on the adjacent dock...... if I remember right!
It seems I've heard it gets pretty sticky on application though.
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Old 02-12-2014, 16:15   #3
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Re: Do you carry Liability Insurance for crewing or captaining

I checked into this issue years ago when I was delivering boats on a regular basis. I was told it is up to the owner of the boat to carry insurance. Also, supposedly there is some provision of maritime law that protects captain and crew. I could never find any such provision (didn't really look that hard), but if someone here knows of one, you have my attention. I'd like to know.

Just an aside, it seems to me if a captain is irresponsible and causes damage to other property or injury to someone through his irresponsible action, he would be financially liable.

What we need here is a legal mind.
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Old 02-12-2014, 16:25   #4
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Re: Do you carry Liability Insurance for crewing or captaining

to check into mexico one must carry a liability insurance. to rent a slip in marinas one must have a liability insurance with a company with feet in mexico.
yes we sail mexico with liability ins.

i could find no mandate for liability insurance in usa other than what is required for some marinas.
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Old 02-12-2014, 16:33   #5
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Re: Do you carry Liability Insurance for crewing or captaining

Being an owner who hires crew I have researched this in detail.

My insurer is Pantaneous.

Most insurance companies in assessing claims will seek to impose liability wherever possible. If the issue, especially where there is another claimant as in public liability, was caused by act or omission by a paid skipper or crew they will immediately seek to recover costs from the Skipper or Crew. If the Skipper or Crew is unpaid and their details are attached to the policy there will be full coverage on the owners policy.

As a minimum a delivery skipper should be covered for public liability, or alternatively not have a cent to his name. The other alternative is for the owner to contract this skipper for other purposes and attach his name to the policy as an approved skipper unpaid.

In regard to medical coverage a paid skipper is generally not eligible for medical claims from the owner under a boat insurance policy. Again if he is unpaid then he is eligible. The same comments made above apply.

Adequate insurance is expensive, for obvious reasons. You would normally only find it with companies that contract out delivery services, but commensurately they are expensive.

Personally, I would not let a paid skipper on my boat unless he can demonstrate full insurance coverage, and I have done that in the past for short deliveries. For longer trips a contract for other services can be negotiated and services for skipper and crew delivered at no cost with skipper and crew CVs submitted and approved by the insurance company.

I hope this helps.
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Old 02-12-2014, 16:47   #6
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Re: Do you carry Liability Insurance for crewing or captaining

On Super yachts , all liabilities of crew whilst in the performance of their duties.... Is covered by the ship's hull and liability insurance (usually in the $50-100m range cover).

So Captain's are covered by the ship's Insurer who will defend them at their cost.

That is also why the billionaire beneficial Owners are seperated from being the legal owner , thru offshore corporations to protect their considerable asserts from nuisance claims from the crew or anyone else.

Never felt the need to personally insure myself while working other than a seperate medical plan in my name.
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Old 02-12-2014, 16:52   #7
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Re: Do you carry Liability Insurance for crewing or captaining

Superyachts are a completely different case. Usually owned by a corporation and the crew and skipper are paid employees usually covered by all of the normal insurances required by law in the particular territory.

My understanding was that the OP was inquiring into delivery services provided on smaller yachts generally owned by private owners with standard insurance policies, the difference being that the owner cannot afford to take on even one paid employee, but in fact contracts out the service.
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Old 02-12-2014, 16:57   #8
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Re: Do you carry Liability Insurance for crewing or captaining

Liability is assumed, not resumed.
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Old 02-12-2014, 17:11   #9
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Re: Do you carry Liability Insurance for crewing or captaining

I think if any size yacht is insured, whoever is acting as captain, would be covered

I still deliver superyachts from time to time and just sign on as a temporary captain (not an employee)

I do however note that some small boat USA delivery companies/skippers... advertise that they are "insured".

Not sure what that means other than they carry a company group insurance

Perhaps that is what the OP is asking and it is a good question?
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Old 02-12-2014, 17:19   #10
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Re: Do you carry Liability Insurance for crewing or captaining

..When I do a delivery, I carry an insurance for me as a captain and my crew.. boat is insured by owner. It's a legal requirement... That's insurance include medical and emergency..
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Old 02-12-2014, 17:40   #11
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Re: Do you carry Liability Insurance for crewing or captaining

Cwjohm, I missed your first excellent post where you highlighted the key issues
1 Boat's insurance Policy terms...(also perhaps the need for added temporary cover if sailing to a new region)

2 Qualifications of delivery skipper

3 pre-approval of your insurance company on appointing a named delivery skipper.

4 Terms of delivery contract between boat owner and captain

Assuming your policy allows for a temporary "qualified" skipper and you have got approval from your insurer, #4 does not need to specify renumeration.

Most deliveries I undertake are going Foreign and the registered Owner provides a letter of authority for me to be legally in command.

Never had a claim, but have negotiated with Insurance Agents to reduce delivery extension costs based on my involvement.
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Old 02-12-2014, 19:04   #12
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Re: Do you carry Liability Insurance for crewing or captaining

liability insurance is dirt cheap. god help you if you need hull insurance
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