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Boating "Accident"

Old 06-04-2019, 05:17 AM
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Default Boating "Accident"

So how far will an insurance company go to deny a claim ?

Lets say you have a 15' boat rated for a 15 horse , and you hang a 50 on it

Driver sits in the rear & high up NO freeboard ...

You get liquored up and leave restaurant impaired then proceed to run said vessel "Balls to the wall"
to show off for your buddies (Hey hold my beer moment)

Annnnd you flip it annnd you get all cut up ... Annnd you blame it all on all that darned boat traffic ...

Will the insurance company figure this out ? or do they just not care ???

This is what makes ALL our boat insurance go up :-(
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Old 06-04-2019, 05:45 AM
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Absolutely they'll figure it out and if you would happen to hurt anyone else, they'll own you for life.
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Old 06-04-2019, 05:49 AM
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The insurance company does not have a leg to stand on if they try to deny that claim
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Old 06-04-2019, 05:50 AM
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If we're talking about liability insurance it is there to protect others not the moron with the boat. if you really want to get upset think of all the drunk drivers out there who are having accidents and having them covered by insurance. Been all my life I have never heard of insurance claim being denied but they are free to not renew afterwards.

what is crazy in my opinion is the states that don't require voters to at least have liability insurance. I don't give a damn what you do to your boat but if you damage mine you're paying bubba!
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Old 06-04-2019, 07:17 AM
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Could you imagine if DUI losses were not covered by insurance? That would such for the a victim.
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Old 06-04-2019, 07:58 AM
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Originally Posted by Tommysmicroskiff View Post
So how far will an insurance company go to deny a claim ?
As far as possible before you sue them.

In this case though, I was always under the impression that they won't write a policy for a boat with a HP that's over the rated allowance. If you insure a boat within HP limitations and then repower with over-HP without telling them that's grounds for a claim denial.
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Old 06-04-2019, 08:05 AM
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Boats with power under 25 hp. Are covered under most homeowners policy.

over 25 hp. Need a separate policy.
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Old 06-04-2019, 08:22 AM
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Originally Posted by WalkingTheDocks View Post
As far as possible before you sue them.

In this case though, I was always under the impression that they won't write a policy for a boat with a HP that's over the rated allowance. If you insure a boat within HP limitations and then repower with over-HP without telling them that's grounds for a claim denial.
I write boat policies and there is no question on the application that ask what the HP the boat is rated. It does ask length, HP, and boats maximum speed. Even in your case I don't think they can deny a claim because you gave them the correct answers at the time of the application. They could probably deny coverage on the motor because its not the motor on the policy but liability they would probably have to pay.
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Old 06-04-2019, 08:41 AM
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And there also is no medical coverage for the named insured on a homeowners policy, so assuming the boat was insured there, there would be no coverage and the company would deny any coverage.

If they have a separate boat policy that includes some medical payments coverage, assuming all other criteria of the policy is met (ie, boat and motor are listed accurately, waters navigated are listed accurately), then the company would probably pay that which is not covered elsewhere.
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Old 06-04-2019, 08:58 AM
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Originally Posted by fishingfun View Post
I write boat policies and there is no question on the application that ask what the HP the boat is rated. It does ask length, HP, and boats maximum speed. Even in your case I don't think they can deny a claim because you gave them the correct answers at the time of the application. They could probably deny coverage on the motor because its not the motor on the policy but liability they would probably have to pay.
I was in insurance and this is what believe to be true as well. Its an agreed contract and it will get paid

Originally Posted by WalkingTheDocks View Post
As far as possible before you sue them.

In this case though, I was always under the impression that they won't write a policy for a boat with a HP that's over the rated allowance. If you insure a boat within HP limitations and then re-power with over-HP without telling them that's grounds for a claim denial.
Also, The HP stamp on your boat is not a hard number. you are not bound to it. Its the recommended max HP based on a mathematical equation that manufactures use. If you go over that, you are not breaking any rules.. you are just breaking a recommendation in the eyes of the USCG. Some states have individual laws, but its not federal.

Common sense though would tell you not to put a 50 in a boat recommended for a 25..

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Old 06-04-2019, 09:00 AM
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So Tommy: are you just “asking for a friend “?
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Old 06-04-2019, 10:32 AM
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How many of the boats that we see with 3 to 4 motors hanging off the back are not over powered based off the boat specs.
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Old 06-04-2019, 11:40 AM
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Originally Posted by fishingfun View Post
I write boat policies and there is no question on the application that ask what the HP the boat is rated. It does ask length, HP, and boats maximum speed. Even in your case I don't think they can deny a claim because you gave them the correct answers at the time of the application. They could probably deny coverage on the motor because its not the motor on the policy but liability they would probably have to pay.
Don't know who you work for but I put a down payment on a 210 Ultra 2 years ago with a 250HP Yamaha on it. Contacted ALFA and they didn't ask about the HP but I asked them since the boat is rated only for 200 HP and there is small print on the quote stating something about the boat is not modified and a few other things. They told me specifically they were sorry they quoted b/c they could not honor it b/c of the 250HP. Contacted Progressive, GEICO and Woodmen and had the same answer from all of them. They all also told me that the reason was because of knowingly over powering the boat and lawsuits resulting from it if injury occured. So 4 out of 4 turned me down for the same reason. Not sure what would have happened if I would not have told them but that's not the way I do business.
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Old 06-04-2019, 12:02 PM
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Also, The HP stamp on your boat is not a hard number. you are not bound to it. Its the recommended max HP based on a mathematical equation that manufactures use. If you go over that, you are not breaking any rules.. you are just breaking a recommendation in the eyes of the USCG. Some states have individual laws, but its not federal.
Definitely against the law in Florida.
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Old 06-04-2019, 12:07 PM
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Originally Posted by RIDE2GETHER View Post
If we're talking about liability insurance it is there to protect others not the moron with the boat. if you really want to get upset think of all the drunk drivers out there who are having accidents and having them covered by insurance. Been all my life I have never heard of insurance claim being denied but they are free to not renew afterwards.

what is crazy in my opinion is the states that don't require voters to at least have liability insurance. I don't give a damn what you do to your boat but if you damage mine you're paying bubba!

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Old 06-04-2019, 02:21 PM
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Originally Posted by Onewolf View Post
Definitely against the law in Florida.
Where does it say it in florida law?
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Old 06-04-2019, 02:24 PM
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Originally Posted by BigO View Post
Don't know who you work for but I put a down payment on a 210 Ultra 2 years ago with a 250HP Yamaha on it. Contacted ALFA and they didn't ask about the HP but I asked them since the boat is rated only for 200 HP and there is small print on the quote stating something about the boat is not modified and a few other things. They told me specifically they were sorry they quoted b/c they could not honor it b/c of the 250HP. Contacted Progressive, GEICO and Woodmen and had the same answer from all of them. They all also told me that the reason was because of knowingly over powering the boat and lawsuits resulting from it if injury occured. So 4 out of 4 turned me down for the same reason. Not sure what would have happened if I would not have told them but that's not the way I do business.
Sad to say that most people quoting boat insurance for companies like those have no clue about boat ins. You then tell them the motor more HP then the boat is rated for and the only thing they know to do is to say good buy sorry we can't help you. In my office I'm the only person allowed to quote boat policies for this reason.
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Old 06-04-2019, 02:38 PM
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Originally Posted by wmalloy382 View Post
Where does it say it in florida law?
Only for boats under 20 feet which is this hypothetical example

The 2018 Florida Statutes
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327.52 Maximum loading and horsepower.—
(1) Except for sailboats, canoes, kayaks, and inflatable boats, this section applies to all monohull motorboats less than 20 feet in length that are: manufactured or used primarily for noncommercial use; leased, rented, or chartered to another for the latter’s noncommercial use; or engaged in the carrying of six or fewer passengers for hire.
(2) No person shall sell or offer for sale any vessel described in subsection (1) unless said vessel displays the maximum capacity information as prescribed in 33 C.F.R. part 183. This shall not apply to resales, but it is the intent of this section to require dealers and manufacturers to furnish this information upon the original sale.
(3) No person shall operate any vessel described in subsection (1) when said vessel exceeds the maximum weight capacity, maximum persons capacity, or maximum horsepower capacity. If no maximum capacity information is displayed, the capacities shall be calculated as provided in 33 C.F.R. part 183, subparts C and D. This subsection shall not preclude the finding of reckless operation under s. 327.33(1) when a vessel is operated in a grossly overloaded or overpowered condition.
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Old 06-05-2019, 12:03 PM
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I wonder how "grossly overpowered" is defined??
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Old 06-05-2019, 01:55 PM
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Originally Posted by KismetLRC View Post
I wonder how "grossly overpowered" is defined??
when the transom is ripped off,or when the boat is not controllable and does bad things to the people or things inside or out side of the boat
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