Skipper Liability

[scotty123]

" I can confirm that the vessel is covered whilst under his control as he is operating the vessel with your express permission. Any damage that he causes to the vessel or to a third party in the course of his operation of the vessel is covered under the policy. This means that losses which are entirely due to the negligence of a professional skipper delivering a vessel for our insured would be covered under the policy however you should note that occasionally there have been cases where the insurers have elected to pursue a recovery from the skipper for the sum paid out under the claim. We are aware that this has only been exercised in cases of gross negligence involving a reckless disregard for safety of crew and vessel rather than the normal errors in navigation which are considered to be an acceptable risk of boating life and therefore within the expectation of the insurers. It is advisable therefore that professional skippers should have a policy of professional indemnity insurance in place to cover their liabilities arising from the provision of a professional service in the same way any other business has to cover its liabilities."

The above, is from my Insurance Company.

Should all Skipper's, professional or otherwise, on day sails/cross channel/ocean trips, now either be specifically insured and/or indemnified against any claims made by their crew (friends/family/guests)?

What would you speculate, would come under the heading of gross negligence in - "however you should note that occasionally there have been cases where the insurers have elected to pursue a recovery from the skipper for the sum paid out under the claim. We are aware that this has only been exercised in cases of gross negligence involving a reckless disregard for safety of crew and vessel rather than the normal errors in navigation which are considered to be an acceptable risk"

 

[Seven Spades]

Seems clear enough to me. The paragraph explaines the insurance coverage given to a delivery skipper whilst in charge of your boat. I am not sure what you mean by your third paragraph as that is a different question.

 

[JREdginton]

"We are aware that this has only been exercised in cases of gross negligence involving a reckless disregard for safety of crew and vessel rather than the normal errors in navigation which are considered to be an acceptable risk"

Putting to sea in a force 10 in a mirror? Hammering around a marina at 25 knots? Cutting it fine around a know navigational hazard when there is no need aside from brinkmanship?

Towards the end of west to east Atlantic passage I broke a Vic34 a few years ago quite badly in the Western approches and the insurance company did not chase me as it was concidered valid risk that on an ocean passage we may be exposed to a storm. I am not sure they would have thought the same if I had left port hours earlier and sailed into it.

 

[Searush]

[ QUOTE ]
(cut) Putting to sea in a force 10 in a mirror? (cut)

[/ QUOTE ]

But that's the ONLY time it's worth going out in a Mirror. How else can you get them to plane properly?
/forums/images/graemlins/laugh.gif

 

[JREdginton]

[ QUOTE ]
But that's the ONLY time it's worth going out in a Mirror. How else can you get them to plane properly?
/forums/images/graemlins/laugh.gif

[/ QUOTE ]

Row faster /forums/images/graemlins/smile.gif

 

[scotty123]

"Should all Skipper's, professional or otherwise, on day sails/cross channel/ocean trips, now either be specifically insured and/or indemnified against any claims made by their crew (friends/family/guests)?"

"I am not sure what you mean by your third paragraph as that is a different question."

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I was merely expanding on the insurance company line, that even though they 'appear' to offer cover ( for in this case a delivery skipper), they still imply that they could sue the skipper under "gross negligence", thereby in effect negating the original claim.

Therefore, it could (& does) imply that ANY skipper, could be subjected to a similar charge should anyone on the boat (or other 3rd parties) suffer any loss or injury & possibly lose everything we own.

So, how as a skipper, would you protect yourself against this, either as a leisure sailor &/or as a pro, in todays world of litigation?

Should you protect yourself against such claims?

 

[Richard10002]

"....... It is advisable therefore that professional skippers should have a policy of professional indemnity insurance in place to cover their liabilities arising from the provision of a professional service in the same way any other business has to cover its liabilities."

It seems quite clear that the particular quote from the particular insurance company in the original post, refers specifically to "professional skippers", and the sentence is clear enough to explicitly exclude ordinary skippers, (like me and you on our own boats, or our friends boats, or any boat if we are not acting in a professional capacity.

Having said that, the recent Admiral case, (where the skipper went below and his other half ran it onto the rocks), seemed to hang around gross negligence, (although we dont know the full story, nor the special terms of the policy). This involved a refusal to pay out, rather than the initiation of a claim against a skipper. I guess it would be interesting to know what would have happened if the skipper hadnt been the owner. Would they have i) paid out and counterclaimed, ii), paid out, or iii), not paid out.