INsurance clause

[Powersalt]

Just got my insurance renewal in and for once started reading the exclusions!!! and found this:

excluding loss damage or expense arising from the vessal being left unattended off an exposed beach or shore unless the insured can see the vessal at all times and can return to the vessal within 15 minutes.

Now doesent this throw open a whole can of worms. I could leave my boat on a sheltered shore all safe with offshore breeze, and whilst in the pub it becomes onshore and picks up to be a exposed shore. So then who is liable. I could go on about other hyperthetical ideas but the short point is that this clause must be open to so much different interpretation.

So I phoned the company and they said oh dont worry about it, its only if you left it in gale like conditions. So do I worry or not??

Now its not that big a thing as I havent anchored in 3 years now but I still dream of going to Sark and putting the hook down and wandering around the island and I dont want the insurance to stop that dream if you get my drift.

So what does the forum think and what experience have you had of similar clause or issues?

 

[lisilou]

So I phoned the company and they said oh dont worry about it, its only if you left it in gale like conditions. So do I worry or not??

From memory, ours says the same but if you can get the above in writing....no need to worry

Lisa

 

[jfm]

I could leave my boat on a sheltered shore all safe with offshore breeze, and whilst in the pub it becomes onshore and picks up to be a exposed shore. So then who is liable.

Your insurers wouldn't be liable in that circumstance.

I don't see the problem here: the clause is pretty clear and is not open to lots of different interpretation. Remember also that if UK law applies the onus of proof is on you (to a balance of probabilities level, not beyond reasonable doubt) in the event there is argument over the "can see at all times" and "15mins" aspects.

The phonecall you made is meaningless. In the event you go to the pub for an hour and the boat is bashed your insurers will refuse to pay. ( I'm generally amazed people do these things by phone...)

I have had policies with this clause for maybe 20 years and I don't see the problem. If you want a policy that operates differently you can ask for one and pay the additional premium

Thr other thing to remember is that there is no law saying you must be insured. You are perfectly free to anchor carefully, have an eye on the weahter, and go to the pub.

 

[andy59]

My insurance docs say , " not covered whilst left unattended at anchor " . When i questioned my broker about going and sitting on the beach etc , he said that it was to stop you leaving the boat at anchor and going home for a few days rather than paying for a marina/mooring . I think i will also be looking for more clarification .

 

[DavidJ]

I use Traffords but have found all the boat insurance companies I've used most accommodating to adding endorsements to the words I want to put in. Apart from the same problem as you (which was resolved) I had an issue with fire extinguishers, they wanted extinguishers placed by the fuel tanks and I got the endorsement "Underwriters agree to accept the fire extinguishers as fitted"

 

[yesod]

http://www.ybw.com/forums/showthread.php?t=69217

 

[lenseman]

. . . . So I phoned the company and they said oh dont worry about it, its only if you left it in gale like conditions. . . . . .

You probably phoned the broker? I bet the underwriter would try and squirm out of any payouts if your yacht was wrecked!

As said before, get it in writing . . . but don't hold your breath. That inclusion is to give the underwriters wiggle room so they don't have to pay.

 

[DAKA]

It's a fair exclusion in my opinion.

I anchor frequently and have a meal in a pub/go exploring ashore but only after carefully checking the weather and location.

I find a Pub with a view of my boat too, if we are eating inside I will pop outside each time I go to the bar/bog to check.


It's not just for the Insurance clause I check...........

I have been caught out in an anchorage that turned rough a few times, this one time I was on my boat after landing my wife and daughter to go shopping in StPeter Port.

Cut a long story short and I had to land the tender on a slipway between waves, as the wave receded I was left very high and dry (prop spinning), my wife and daughter jumped in just as the next wave swept us away.
Horrid trip back to the boat and difficult getting back on the boat.

For your own safety never mind the Insurance you have to be cautious when leaving your boat at anchor.

Be especially cautious as the tide turns against a predictable afternoon sea breeze.

 

[gjgm]

This only applies to vessels of less than 26ft in my policy, and in fact if you remain in visual contact with the boat that is considered adequate.

 

[tico]

not 26 ft
I think its part of the fairly standard 'speedboat clauses' applicable design speed capable iirc 17kts

 

[gjgm]

I didnt make 26ft up.. that's what is says in the t+c exclusions.

 

[scej]

a couple of years ago i boarded a boat that was happily floating out to sea from studland with the intention of re ankhoring the boat. struggled to re anchor due to issues with windlass. so put it on a swinging mooring there and left a note for the owner. owner was in the banks arms and had no idea what had happened i had a text from him to say thanks.

 

[asteven221]

I agree with the others. Always get written clarification from your insurers, never just verbal.

I have written a few time regarding clauses that I am unsure of the meaning and always had a fair response, which i keep on record. Just give them a scenario and they will answer it in the context of your policy.

On a general note, a broker once said to me that I should always treat my boat and anything that happens as if I have no insurance. In other words don't think of the policy as some kind of vehicle for financial compensation for negligence, stupidity, ignorance or lack of care.

So referring to the anchoring scenario, anchor as if you will be up for all financial loss if it goes pear shaped. If you think that way, then I am sure that you will focus the mind to be vigilent and careful!!

 

[EugeneR]

What exactly is an exposed shore? One that is open to the sea? Or one where the wind is blowing to/from the beach?

Also, if you recorded the conversation with the insurer about it only applying in gale conditions, would that carry any weight?

 

[Assassin]

Had this a few years ago and i asked for a written clarification, the clarification merely stated that i had to be able to get back to the boat in a reasonable time if an incident occured.

It could be construed any way by both the insured and the insurers.