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Old 12-20-2014, 04:10 PM   #1
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Insurance conundrum...

Lookin' at the Log newspaper "Ask a Maritime Attorney" article: "a boat owner who knows about a problem and ignores it may have more success with a claim than a boat owner who has no information at all about the problem." "A loss caused by lack of maintenance is not covered by insurance but negligence is covered." Anybody out there who can explain this anomaly?

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Old 12-20-2014, 04:38 PM   #2
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Never heard of it (insurance covering negligence). Due diligence, that I have.

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Old 12-20-2014, 07:53 PM   #3
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Short of a willful destructive act you are covered.

Think of it like this. If you crash your boat, or car for that matter, whilst intoxicated, clearly the operator is at fault. You are at fult as the owner and/or operate but insurance still pays.

Once the insurance accepts liability it (via issuance or renewal of a policy) in most cases they own that liability. Which is why some companies ask for an insurance survey on issuance or renewal. They want to know what they are on the hook for. If they don't like what they see in you as an owner/operator or the vessel they won't write the policy. That means unless you violate the terms in the policy they pay.

On edit suppose the terms of each policy are important. If your policy says that you must maintain as recommended by (insert marine professional here) then you would be bound to the whims of that person(s)
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Old 12-20-2014, 08:47 PM   #4
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Boat maintenance or lack of, causing damage or loss, and, negligent operation (ie "driving") are very different things.
Policies here for cars, and probably boats, exclude insurance where the boat operator is drunk/under drugs. The exclusion would not operate if the owner was unaware someone he let use the boat was so affected.
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