Oh and to address your specific example think about the Exxon Valdez (SP) The insurance company takes the risk knowing the vessel owner has hired a person that meets there requirements for the job, after that they take the risk. Although the capt was found negligent the insurance still has to pay. had the company instructed the capt to do something against standard marine practice, IE cut that mark to save fuel then they would have been at fault and the insurance would not have to pay. Of course the insurance company will do what it can to cut their loss and may go after a clearly negligent capt after the fact they will still honor the policy as they took the risk knowing the capt qualifications or at least that he met certain qualifications.
Capt. Wayne Canning, AMS
Project Boat Zen - Boat and Yacht Repair and Restoration