Boat insurance for Sailing Club

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kieronriley

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There is a boat club in our area(fishing boat not sailing)that has recently taken legal advice as to members producing valid certificates of insurance.
The advice given was that they should stop asking for the certificate and to get each member to sign a declaratrion that they are covered by a current insurance and to make it a condition of membership that you are covered.so as that the club could not be held liable for anything uninsured on an individual policy and missed by the person checking the certificates.has anyone else had this isue raised and if so what did you do.Kieron
 
Getting a member to sign a declaration does not absolve the club of any relavant libility if the member makes a false declaration. Similarly if it is made a condition of membership and the member falsly declares they are insured then that merely nulls their membership.

Clubs still need insurance to indemnify members (usually officers doing the organising) for any activities organised by the club whether social or on the water including any buildings and equipment.

I would only be a club officer or take part in any organised event if the club had such insurance in place.
 
theoldsalt said:
Getting a member to sign a declaration does not absolve the club of any relavant libility if the member makes a false declaration. Similarly if it is made a condition of membership and the member falsly declares they are insured then that merely nulls their membership.

Clubs still need insurance to indemnify members (usually officers doing the organising) for any activities organised by the club whether social or on the water including any buildings and equipment.

I would only be a club officer or take part in any organised event if the club had such insurance in place.
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The point as I understood it was that if the club checked the insurance certificate it became jointly liable if the insurance was invalid. It is not uncommon for example for people to take out insurance paying by installments get the certificate then stop the monthly payments. When this happens the insurance becomes invalid but if the club has approved the certificate they are accepting a level of liability. As suggested the RYA advised against this many years ago after a court case.
 
Why should I produce my boat insurance or sign a letter of indemnification as it has nothing which specifically covers my club ? My club does not own moorings, pontoons etc which I could take benefit from but does cover itself for club activities, third party liability, clubhouse etc as well to indemnify the officers, committee and Trustees.They do not ask for sight of my cover note.
 
akyaka said:
Why should I produce my boat insurance or sign a letter of indemnification as it has nothing which specifically covers my club ? My club does not own moorings, pontoons etc which I could take benefit from but does cover itself for club activities, third party liability, clubhouse etc as well to indemnify the officers, committee and Trustees.They do not ask for sight of my cover note.
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It all depends on what facilities and activities he club organizes. If for example it organizes an even for several boats to take part in, it is reasonable to require that all participants have 3rd party insurance to carry out it's duty of care to the participants. Obviously if the club has nothing and does nothing there is little need for the club to require members to do anything
 
One of the most important policies for a member's club is "member to member" liability, particularly if the club own any boats or a water taxi/courtesy launch. Members who all jointly own the club equipment/boat(s) may not be treated as third parties in the case of an accident between members where (say) a club boat is involved.
 
GrahamM376 said:
One of the most important policies for a member's club is "member to member" liability, particularly if the club own any boats or a water taxi/courtesy launch. Members who all jointly own the club equipment/boat(s) may not be treated as third parties in the case of an accident between members where (say) a club boat is involved.
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Indeed but that tends to be easy to arrange as it is a normal element of club cover. The big problem and the one this tread refers to is the problem of ensuring that club members with boats, from dinghy to super yacht, actually have 3rd party insurance to cover other club members in the event of an accident. This is further complicated when the club then invites non members to take part in club activities.
 
Insurance

Our club merely requires within the rules of racing that boats are covered by at least 3 rd party insurance.
However in addition and especially because our club own a large marina all boats are subject to a Fire and safety inspection every 2 years. This particularly to minimise chances of a boat fire in the marina which may burn other boats. It covers fuel and gas fittings electrical etc. It is however carried out by a small group of members with aptitude for this. Fortunately not tested in court.
In addition the club have a liability insurance covering all people working for or under the direction of the club (volunteers) against liability. Also of course the club facilities including boats are insured.
Finally the insurance broker is a major sponsor of races. Very cosy. olewill
 
maxi77 said:
The big problem and the one this tread refers to is the problem of ensuring that club members with boats, from dinghy to super yacht, actually have 3rd party insurance to cover other club members in the event of an accident. This is further complicated when the club then invites non members to take part in club activities.
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Why is this a problem? If I am participating in a club event and have an accident with another participant, I don't understand why it should have anything whatsoever to do with the club (provided my boat is not being used on the club's behalf) I am there at my own risk. The club I'm a member of couldn't care less whether I'm insured or not and I know for a fact that few members have racing cover, although they participate.
 
GrahamM376 said:
Why is this a problem? If I am participating in a club event and have an accident with another participant, I don't understand why it should have anything whatsoever to do with the club (provided my boat is not being used on the club's behalf) I am there at my own risk. The club I'm a member of couldn't care less whether I'm insured or not and I know for a fact that few members have racing cover, although they participate.
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Because in the UK the organisers have a 'duty of care'. I agree it should really just be between the pair of you but the law does not see it that way. One of the problems is that when the claims get big the lawyers get creative, and again who suffers the little bloke
 
kieronriley said:
There is a boat club in our area(fishing boat not sailing)that has recently taken legal advice as to members producing valid certificates of insurance.
The advice given was that they should stop asking for the certificate and to get each member to sign a declaratrion that they are covered by a current insurance and to make it a condition of membership that you are covered.so as that the club could not be held liable for anything uninsured on an individual policy and missed by the person checking the certificates.has anyone else had this isue raised and if so what did you do.Kieron
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If the club sets itself up as a service, checking all the other boats are insured, then if that service is defective, it seems reasonably that the club has some liability.

For instance I race dinghies, it is good to know all the other boats around have 3rd party cover, in case they hit you.
But as a club member, I would not want the club to be liable for a shortfall in the insurance.
The club should carry public liability insurance, and also insure its liability to members within reason. Any risks not covered by the clubs insurance, it should make sure the members have either covered or are in breach of their declaration to the club.
My club states that they do not check certificates, but you must sign to confirm your boat will always be insured.
Since my club has several solicitors and at least two people involved in insurance, I take their word for it.

There are specialist brokers that deal with this. If in doubt, ask another local club what broker they use.
 
I know this is an old thread but can anyone point me to authoritative advice on this point?

I have heard Mandy Peters (RYA Legal Dept) explain that clubs should not ask for certificates of insurance as that can confer liability if the insurance fails, but can't find anything about it on the RYA website.
 
tony_lavelle said:
I know this is an old thread but can anyone point me to authoritative advice on this point?

I have heard Mandy Peters (RYA Legal Dept) explain that clubs should not ask for certificates of insurance as that can confer liability if the insurance fails, but can't find anything about it on the RYA website.
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The best source for information will be the club's underwriters who are the ones who will try to dodge paying out if policy terms not met.
 
Our club do demand a copy of insurance certificate for boats domiciled in the club marina. For other participant boats club demands $10m 3rd party liability insurance in line with Yachting Australia rules but does not demand a copy of certificate. The club is served by an insurance broker who handles all the insurance requirements like staff workers compensationn insurance, building insurance, club boat insurance and volunteer liability insurance to mention just some coverage. ol'will
 
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