PeterWright
Well-known member
That really depends on the nature of the safety precautions concerned. If they involve additional administrative controls, they will be of very limited value. In the real world, admin controls such as independent checking that the safety action has been taken provide very little reduction in frequency of failure. If the additional precautions include a well engineered automatic protection there is a good chance of reducing the risk, but then it will be of a different design from the marina that suffered the accident.I think that will depend on whether they can deflect a charge of negligence (over not having some safety precautions)...
Of course, depending on the policy wording, the insurer may avoid paying out this time.
Whatever, I imagine there will be substantial claims against the marina from yacht owners and I cannot imagine that the marina will not seek to recover this cost from their insurer. Whether that claim is paid or not, every other insurer who covers marinas will take a close look at whether they are exposed to similar risks resulting in either increased premiums or clearer policy wording excluding this risk.
Peter.