Hi Scooby... I think you still are wearing your insurance hat.
A basic purpose of the rules is to prevent contact between boats. By participating in an
event governed by the rules a boat agrees that responsibility for damages arising from any breach of the rules shall be based on fault as determined by application of the rules , and that she shall not be governed by the legal doctrine
This is the US Sailing prescription for the USA so maybe you don't have this rule in GB.
I still read this as I restated...
a boat agrees that responsibility for damages
shall be based on fault as determined by application of the rules
Now maybe that means that you don't have to pay up... but I don't know what responsiblity means then.
Do your insurance policies in Great Britan cover you UNDER the Racing Rules of Sailing explicitly?
I know that I ask about coverage for racing and I am TOLD that Sure ... you are... but I don't believe I have ever seen it in writing and I know they don't refer to the racing rules of sailing.
Take Care
Mark
The purpose of the rules is to provide a method of identifying a winner when a rule is broken (and this
may result in a collision). The
International rules for the prevention of collisions at sea are there to prevent colissions.
This is why the insurance company
may take into consideration what the PC say. The PC find out what they believe happened, what the results were and which rule(s) we broken, thus they provide a ruling on how the sailing rules apply.
Interesting one re this:
By participating in an
event governed by the rules a boat agrees that responsibility for damages arising from any breach of the rules shall be based on fault as determined by application of the rules , and that she shall not be governed by the legal doctrine
So what if the owner is not present(or the owner of the insurance policy), can he or she be held responsible for actions they have little control over (except by appointing the skipper).
As for how the cover is written, I would think that it would be written under the racing rules and administered under the IRPCAS.
I have also never known an insurance company in the UK not pay based on a gear failure causing the accident.
Basically a company not paying (based on true statements from the policy holder) would be such a No-no in our insurance market. Afterall Lloyds have been underwriting for a few years now!
