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  #1  
Old 05-17-2013
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delivery captain insurance

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This question has been asked before but I get an error trying to access the older threads.

Do delivery captains typically carry insurance.?
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Old 05-17-2013
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Re: delivery captain insurance

I've always had to add a rider to my policy to have my boat delivered, expect for a short hop for maintenance.
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Old 05-17-2013
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Re: delivery captain insurance

Minne is right, you add the Capt to your policy and send your agent a copy of the Captains resume and license
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Old 05-18-2013
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Re: delivery captain insurance

Thanks, that makes sense.
I wonder if any of them carry errors and omissions.
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Old 05-18-2013
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Re: delivery captain insurance

Yes, When I was doing deliveries I carried my own insurance. It was an modified Charter policy.
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Old 05-19-2013
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Re: delivery captain insurance

Quote:
Originally Posted by davidpm View Post
Thanks, that makes sense.
I wonder if any of them carry errors and omissions.
What they should carry is personal liability. When I add a rider to my policy, it covers liability to me and damage to the boat, while the deliver skipper is operating it. He is not covered!

If he either caused damage to another (liability) or hurt my boat (hull), they are paid for by my policy. There is a HUGE however...... However, the insurance company will pursue whomever was responsible for the loss..... the captain! It's called subrogation. Most Captains don't seem to be aware of it. Many don't even ask if its insured at all.

The owner can ask the insurance company to promise not to pursue the captain, which is called a "waiver of subrogation". Naturally, a rider with a waiver of subrogation is going to cost more, as the insurance companies risk is statistically higher.

Before anyone suggests that one form a corporation to protect them, that is a complete myth in this circumstance. You will not be sued for the actions of the corporation, you will be sued for your own personal actions at the helm. The name on the contract is irrelevant. It's the Captain's mitts on the wheel.
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Old 05-19-2013
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Re: delivery captain insurance

"a corporation to protect them, that is a complete myth"

You are saying, you know for a fact, of a court that has made a ruling against someone personally, while specifically ignoring that fact that the delivery was contracted to an LLC or other legitimate corporation? And they threw out the doctrine of "respondeat superior", i.e. the master is responsible for the servant? (The corporate employer is responsible, the employee is not.)

I'd be real curious about that, it flies in the face of what a number of solid attorneys have counseled otherwise.
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Re: delivery captain insurance

Yes, if you control the corporation and you're own actions, it is not the same as being an employee. It may differ slightly by state, but you are responsible for you own actions, if they are are entirely within your control. If you are subject to an employer that instructed you to do something, you may be insulated. But, if you own the corporation, give yourself instructions and carry them out, you're on the hook.
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Re: delivery captain insurance

Quote:
Originally Posted by hellosailor View Post
"a corporation to protect them, that is a complete myth"

You are saying, you know for a fact, of a court that has made a ruling against someone personally, while specifically ignoring that fact that the delivery was contracted to an LLC or other legitimate corporation? And they threw out the doctrine of "respondeat superior", i.e. the master is responsible for the servant? (The corporate employer is responsible, the employee is not.)

I'd be real curious about that, it flies in the face of what a number of solid attorneys have counseled otherwise.
Lots of Doctors are personally incorporated, it does not shield them from malpractice ligation as the corporation does not do the surgery the Dr. does. Same would hold true for a personally incorporated delivery skipper, as I was told when I was delivering boats.

As a matter of fact I bought my insurance under my own name and my corp. was added for an extra 10%.
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Re: delivery captain insurance

Quote:
Originally Posted by bubb2 View Post
Lots of Doctors are personally incorporated, it does not shield them from malpractice ligation as the corporation does not do the surgery the Dr. does. Same would hold true for a personally incorporated delivery skipper, as I was told when I was delivering boats.

As a matter of fact I bought my insurance under my own name and my corp. was added for an extra 10%.
What kind of policy did you buy from what kind of company?

Errors and omissions.
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