Insurance cover on moorings

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petery

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A local yacht club has given 'notice to quit' to owners of boats who moor on some old and dilapidated wooden piles because 'their insurance company no longer will insure them for those particular moorings'.

Can the moorers overcome the problem if they waive their right to sue the club in the case of an accident - assuming the club is happy to let them continue to moor on that basis?
 
Re: Insurance cover on moorings - more info needed really

Clarification ....

Is the Club saying that the Club carries Insurance to cover these boats while moored ?

or

Is it that the Boat Owners have Insurance that Club feels no longer covers while moored in such way ?

It is not common for Clubs to insure boats on moorings - most clubs stay well clear of that - as then they have various responsibilities to carry out. Most Clubs require Owners to have insurance to cover 3rd party risks etc. Taking it further - Clubs will not actually handle or sight the Insurnace document to OK it for club - as that then puts responsibility on them as accepting and literally vetting the insurance. It is insurance as advised by boat owner.

If Boat owners provide insurance and anything happens ... if the insurance company should find out that Club advised that moorings were unsafe - then insurance company would likely null and void the insurance - possibly quoting that owner withheld pertinent information or knowingly placed his boat on inadequate mooring.

Whatever - it sounds like Club is trying to sort out a problem by using insurance lever ..... maybe ?????
 
Re: Insurance cover on moorings - more info needed really

The club has quoted Health ad Safety issues and it's their Public Liability insurance that they say is a problem - but, yes, I think you're right when you say it could be a way of solving a problem!
 
Why do the owners want to continue to use "dilapidated piles" to moor? Surely they are knowingly putting their boats, and other boats, at risk?
 
FWMM, in our legislation the "Harbour" who gets money to accept boats in mooring is responsible for the risks incurred during the use of said moorings: fitness of the infrastructure, fire or property destruction while on the premises, harm to people rightfully on the premises.
This is rising quite some activity,as many people are not aware (don't want to be aware) that easy money does not exists : they get money, must provide services.
Cheers,
Gianenrico
 
Not in UK ....

Only when mooring is Professionally laid, laid by Club / Harbour Office etc. is the owner NOT responsible. He is only responsible for using the mooring in prescribed and safe manner. Even if the Club or Authority etc. issue a contract of passing responsibility to User .... they are still liable for "fit for purpose" etc.

Clubs do not physically check Insurance Policies of members - they only ask that members have cover - that way no onus is on club in even of problems .... even if member subsequently is found without insurance. The Clubs stance would then be - he stated clearly as per Club Rules he was covered.

The use of unsuitable mooring gear or location is a subject more for the Harbour Master to police .... I am skeptical of a Club getting in on this - unless such mooring was dangerous to their club boats .... or if the boats had members as owners ... then surely the club could find a better way to solve the issue .... Health and safety seems a pretty flimsy way. And public liability ? surely now that the club has issued letters - they are covered having informed the owners of clubs position on the matter ?

I still feel that something else is going on here ..... but could be wrong ....
 
as I understand it, you cannot legally waive your right to sue. not unsurprisingly, the courts say this is "not in the public interest" which means not in the lawyers interest.

in any case, just suppose one of the boat owners on this pier had a claim. it is most likely a term of his insurance that he must co-operate with his insurance company in any legal action they decide to take. so it wont be his decision as to whether the club is sued. thats certainly what happenend at our club when we had an unfortunate accident one recovery - and the two members concerned still arent speaking..
 
Re: Not in UK ....

I would've thought that if the club were responsible for the laying/upkeep of the piles/moorings then any failure of those moorings then the club could be held liable for subsequent damage - hence the insurance issue ??
 
Re: Not in UK .... club responsible ...

That is what I said ... please read again .....

OK take it on further .... Most Clubs do NOT lay or maintain moorings officially - they are often done by Members Work-Parties or by individual members conforming to local Harbour Masters req'ts. That way the club is NOT liable.

In the case of moorings that are laid by HM or Club etc. - they cannot pass on responsibility for "fit for purpose" .... even when they get user to sign a responsibility paper.

Boat Owner / user is always responsible for use and providing his own suitable attachment etc. - so you get into grey areas ... -I do NOT mean the actual mooring itself - but then again I know of Westerly 25 that broke away from a HM provided deep water mooring .... Insurance refused his claim as the bit of mooring found still attached was faulty - he was along with HM in default of maintenance of mooring ... Insurance Co. deemed it unfit for purpose suibject to Owner not checking etc. Cruel but true. He lost his boat ....
 
Re: Not in UK .... club responsible ...

Oops - sorry - wasn't clear ... so I thought I'd write it words of one sylable...
 
Several of te owners are local fisherman who can't afford yacht club rates - the council leased the piles to the yacht club who have taken the fees but failed to maintain the moorings.
 
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