Marina contracts

[Joe/Fran]

In the Feb-March issue of Boatus magazine is an article about marinas not acccepting liability
due to damages caused by the marina and/or the employees. It appears marinas are wording their slip rental agreements, which when signed by the boat owners, releases the marinas and its
employees from liability for loss or damage to your boat under any circumstances. This includes neglient acts or omissions by the marina or its personnel (according to this article). There are also subrogate clauses where the boat owner agrees to waive the right of their insurance company
to recover damages caused by the marina, this could cause your insurance company to void the policy. Once the contract is signed the boat owner could be held responsible for damages to his boat or to another boat caused by his boat. These losses could be caused by a marina mechanic
incorrectly repairing your boat or a employee drops your boat off the lift. I read my contract and found these " hold harmless clauses". Has anyone else read their contract and found the same?

[whwells]

Joe/Fran: The Western Marina's require that they be named as an "additional insured" on your policy. That gives them protection on your personal policy for acts of negligence or fault matters caused to third parties.

If i recall my previous life as an Ins. Adjuster and later Claims Mgr/ & House Counsel they will be precluded from suing against your policy as an "Insured" or "Additional Insured" cannot sue themselves.

If the Marina requires such an endorsement does it then mean your personal policy won't apply if you cause harm to the marina? I am away from home, but do intend to read my policy. I have not done insurance defense work for 25 years so their may be lots of changes i am not aware and rights vary from state to state. Nevertheless, you raise some reasons for concern.

whwells "Howard'
2006 35 TE Sportfisher
"Nibbles"

[Capt Ron]

Atlantic Highlands Municipal Marina, if found negligent, will pay your deductible. Your insurance is responsible for the rest.

[jcollins]

Atlantic Highlands Municipal Marina, if found negligent, will pay your deductible. Your insurance is responsible for the rest.

So, if they drop your boat off the travel lift, they only pay the deductible and the claim is on your policy? How would your insurance company treat that claim when it comes time for renewal?

[Joe/Fran]

The question now is, will your insurance pay for the negligence of the marina? We had our insurance company read our slip rental contract to determine if we were covered for a claim as a results of negligence by the marina. They told us the underwriters could not determine if they would be responsible and we should get the advice of a lawyer. It seems the insurance company and the marina are trying to pass the responsibilty to the boat owner.

[jcollins]

I read mine today.

"It is understood by the Tenant the Porter's Seneca Marine will not be held responsible or liable for any damages to or loss to said boat, its tackle, gear, equipment or property from any cause whatsoever; or injury to owners and/or their guests upon the premise of Porter's Seneca Marina or adjacent thereto".

Fine print on back...

"The landlord does not carry insurance covering the property of the tenant"..."whether said boat is being parked or hauled by an agent of landlord or not"

So, it sounds like this is happening at most marinas. If they drop it, it's goes against my insurance.
It won't stop me from renewing. I'm guessing all marinas in my area will have similar terms.

[joreyn]

Every time you park in a parking garage you will find the same thing on your parking ticket. That does not mean that they can absolutely escape all liability, but its really common for service providers to try to limit their liability. In most states, they cannot absolve themselves of liability if the loss is due to their sole negligence. Almost all marinas carry marina owners legal liability (MOLL) coverage, although they don't advertise that fact. MOLL covers damage to property in their care, custody and control. They also always carry either general liability coverage for bodily injury and property damage occurring due to their premises and operations.

Waiver of subrogation is also extremely common. If you rent an apartment or office space, read your lease. It almost always has a waiver of subrogation clause in it and it. Insurance companies are used to this.

Bottom line, they are going to try to limit their liability as best they can, just like most businesses do, but they can't eliminate it. Meanwhile, buy a good yacht or boat-owners policy. If your agent or company doesn't know the difference or can only sell you a boat-owners policy, go somewhere else.
Get enough coverage to fully replace the boat, and have it on an "agreed amount" basis. Not market value. Have high enough liability limits to qualify for an umbrella, and buy an umbrella.

When the loss occurs, let your insurer fight it out with the marina. That's what they do for a living, and if you are not careless, they probably won't raise your rates due to one loss caused by someone else.

Pour yourself an adult beverage of choice, and relax. There. Now isn't that better?

--John

[jcollins]

Pour yourself an adult beverage of choice, and relax. There. Now isn't that better?

Much...

[whwells]

John: Your solution sounds like the best advise to me. Buy what you can, do your best, and then enjoy the fruits of your labor with a nice New York Icetea.
whwells "Howard"

[Joe/Fran]

John Thank you for your advice you put my mind at ease.

[RobS]

In the current issue of Boat US magazine: http://www.boatus.com/magazine/2012/feb ... vocate.asp

[joreyn]

That's a good article.