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Old 03-11-2013
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Re: Types of insurance

Sailvayu,
Others mentioned that their policies cover a delivery captain as well. I am in no way an insurance or legal expert but wonder how a tort would be handled under one of those policies (or I guess rider is more appropriate?).

That is a very good article on your site btw. Very informative. I guess I have trouble seeing a delivery captain as anything other than a professional being hired as a contractor. If My insurance covers the captain then I would be in a sense providing the captain's business insurance? Or maybe I would have to see the captain as a "guest" operating my boat. IDK, maybe I am looking at it wrong by thinking of a delivery captain as a small business/independent contractor.

Let me toss out a for instance type scenario. Say that I hire a delivery captain and he/she hires two crew members. There is no employer-employee relationship between me, the captain or the crew since I wouldn't direct their work other than the contract of get my boat from here to there. Captain tells crew member A to fuel the boat. A tells crew B that the captain said to fuel the boat. B is an idiot and overfills, dumping 300 gallons of diesel fuel into the bay, which ignites because Captain is welding a new bow roller onto my boat and burns to the waterline a mega yacht belong to Fancy Lawyer.

I think that my boat is covered by my insurance policy, and probably even the fuel spill cleanup would be covered under my policy. It is when Fancy Lawyer starts looking to name defendants-with-deep-pockets that I would get concerned if Captain doesn't have his/her own liability insurance. I am assuming that there was clearly negligence, that there is clearly a tort claim in negligence, and that the insurance companies are going to be looking to get out of paying or at the least trying to recover their losses.

I am probably WAAAAAY over thinking this, but I find it interesting to hear how other folks view these relationships. I know I am spending too much time on Sailnet working through this stuff (boat goes back in the water Friday and I will be occupied once again,YAY!) but my background is building and contracting. Everybody has liability insurance. I hire subs and they not only have to show me the policy, they have to have me named as an additional insured, not because they are bad subs, but because it takes them individually out of any problem that might arise and I (or rather my insurance) can deal with it as the prime. This way Fancy Lawyer is redirected from going after a sub and instead has to deal with my insurer. The benefit is that a sub can't go after the owner for a dispute with me. It protects the innocent third party I suppose. It also is one reason that the prime commands a higher rate than a sub, we assume greater responsibility and higher risk.
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