Hi Jake
I carry liablity insurance for ME.... not for the other people on the water.... Its my assets that I want to protect when I screw up big time.
So... I don't want the regatta to get involved at all... Just like Mary's position.
If you injure me... I have Property insurance that takes on... sueing your butt to get the money they paid to me back from your hide.
It works out that if you have insurance... they work it out and you and I do not have to do battle the next time we meet. If you don't have inurance... see you in court. I am just the witness... my company is after your money.
Now... Somebody decided that they should make it a requirment to go racing that you have liability insurance.. Who knows who or why.. Seems like a good idea at first glance... but not really.
I presume that they think that it takes some of the stress out of sailboat racing.... Not sure how.. but its a possiblity. About the only thing it does for me as a sailor is... it will take away the stress of "I won't have to sue you personally to have my losses covered ". If all you have is liablity coverage... you have to press the case to get your injury covered.. So.. I personally have to get your company to pay for my injuries... Or if you don't have insurance... I have to personally get you to pay me..
Now if I have property coverage... My insurance company will take on the job of getting their money back.. after they pay me off... So... I don't worry about you having liability insurance or not ... I paid for an insurance company to go after you... and get THEIR money back. As far as I am concerned... its your problem if you have adequate insurance or none at all.
The liablity coverage rule was probably included at the request of the clubs regatta liability insurrer... From their point of view... one more hurdle on the way to their piggy bank is good. I don't believe they insist on this... but I could be wrong. I don't think they can make you include it either.
At any event... If you think you want to include this. insurance rule... How do you plan to enforce it.
So far four options:
put it in the NOR... by signing registration you agree to follow the rules in the NOR. Make them LIE to you the regatta organizers and compeititors.
2) put it in the NOR ... insurance required... Raise the bar and have the sailor explicitly state Insurance through " You won't get a dime Inc". Again. make them lie to your face. (This is how Tiger Mike runs a regatta) (unless its under oath... their lying to you just causes you to loose respect for them... not cash)
3) Something liek what Hobie Cat NA's require... showing proof of insurance.. So.. they have this CARNAC the Magnificent (aka Johnny Carson )character at registration.. who looks at the peice of paper you hand him.... Looks at you... looks at the paer again... pulls a drag... and says "YEAH... this is valid proof of insurance"... or ... NEAH.... this shall not pass muster... (How they hell do they know?) At any event... they give you the paper back... and take or reject your registration... (Swear to god... I got an emal from a racer about this issue who said... yeah... they took my husbands.. proof of insurance... they rejected mine... same company... go figure! haven't a clue what club was involved.).
4) The A Cat NA's are collecting Insurance and Policy Binder number on the entry form. Now they really raise the bar cause they have information in their possesion....
It is still ... Make the sailor lie to your face. Plus a CARNAC the Magnificent character.. Since the A cats don't ask for a notarized... legal type document. so what the hell... You won't get a dime Inc and policy number 0001 are good enough.
But now they have a pot load of issues to resolve.
Once you decide that as the regatta organizer.. You actually want to get in the middle of my personal crisis for god knows what reason ... You better have thought through all of the implications now that your are squarely in the middle of it.
Once the regatta has policy and binder info... Now What happens???.... All of those questions about the clubs policy should and have to be addressed.
Well, you can pray nothing bad happens or plan ahead.. (see how well it works for bush and cheney)
I draw the line here.... I Personally DON'T WANT the Regatta personel involved in my personal crisis at all... Collecting the info puts them in the middle of the [censored] kicking contest. Its my buisness.. stay the hell out of it.
As a regatta organizor... I would not want to have to sort all of this crap out either ...
As a competitor.. I resent that the club is getting in the middle of something they shouldn't.
Bottom line... I buy liability insurance to manage my financial exposure. I buy property insurance so I don't have to plan on suing some idiot.
I join US Sailing so I can take the lying SOB to the sailing authorities and have him barred from the next regatta... This is the right /wrong solution to the problem.. The clubs all belong to US Sailing and they agree to bar him from playing when the desicion is handed down once they are informed.
So... the penalty for lying is not being allowed to play the game anymnore.
The US Sailing prescriptions spell out the responsibility stuff.... Without the liablity rule imposed... Nothing really changes... If X refuses to take responsibility... I can take him up to US Sailing as well.
Even if X has liability insurance... he can tell his insurance company to tell you to take a hike... Then its HIS insurance company which decides toeither pay you off and drop his buisness or agree with him... and say... see you in court.
With respect to racing as a beginner...Tiger Mike had great advice... Know your limitations and don't go in to the fray until you are ready (skill wise). You will work your way up the skill ladder only by playing. Purchase liabilty insurance because you would be STUPID to not have it... EVEN IF YOU DON'T go racing. Purchase property insurance if you don't want to worry about the rest of the crap.
If you voluneteer to run a regatta... just go with the "Make them lie to my face plan" if you want any rule about liability at all (See Mary's point of view). (NOR states must have it etc etc ) ... You let the plaintiffs deal with their crap on their own.
Ah... the ugly details underneath the game we play.
Mark
Last edited by Mark Schneider; 03/16/07 08:10 PM.