Home Tournaments Calendar Weather Merchandise Sponsors

Go Back   Spearboard.com - The World's Largest Spearfishing Diving Boating Social Media Forum > United States Geographical Locations > California Spearfishing

California Spearfishing Talk here about spearfishing on California's Pacific Coast, and post those reports and photos!

Reply
 
Thread Tools Rating: Thread Rating: 7 votes, 5.00 average. Display Modes
Old 06-14-2008, 09:51 PM   #16
zenspearo
Moderator
 
zenspearo's Avatar
 
Join Date: Apr 2006
Posts: 7,922
Re: Boat owners: Liability Waiver?

**Not Legal Advice--go get your own lawyer**

Chris,

Good post & good start.

As private boaters, getting business is not a huge concern so I would think there is more lattiude in crafting the language. For example, there can be an express acknowledgement that you only get a sight-seeing ride in exchange for any contribution that you may make. The owner/operator, not being an expert at understanding ocean conditions, rescue, and your capability, doesn't recommend that you dive, and if you do, it's your own damn problem.

A few thoughts, in the five minutes I have before my wife calls for dinner, are. These are only thoughts--not legalese (yet).

1) The owner/operator only provides a sight-seeing ride on an amateur private boat in consideration for any contribution toward expenses that you may make, and you acknowledge that the owner/operator recommends you stay seated, stay on board with life preserver on at all times and any other activity you may undertake is extremely dangerous and expressly against the recommendation of the owner/operator and entirely at your own risk irrespective of what you are verbally told.

2) You acknowledge that you are going on a private boat operated by an amateur owner/operator with other amateurs. The owner/operator makes no representation regarding the boat's seaworthiness or the boat's mechanical/electronics/safety/rescue gear and capability or the quality/availability of the navigation/mechanical/swimming/diving/medical knowledge available on board. There is no one on board capable of performing rescue. You are hereby informed that no other person on this trip will be paying attention or supervise what you do or obligated to render assistance if/when needed.

3) The provisions of this release are severable. If one or more parts are deemed invalid, the other parts will be construed in such a way as to preserve their validity.

4) Litigate in your county in CA. Release construed according to CA law (so you don't have to travel to timbuktu if you have to argue this out).

Again, don't rely on this guys. I'm a patent lawyer and I don't know shit about personal injury (and even if I do....) so this is not legal advice. I may think about this some more and change my mind and go 180 degree on these points of discussion but yours is a good start Chris.

Oops, wife calling for dinner.
__________________
Joe Nguyen

Please generalize the LOCATION/TIME of your spearing reports.
zenspearo is offline   Reply With Quote
Old 06-14-2008, 10:09 PM   #17
zenspearo
Moderator
 
zenspearo's Avatar
 
Join Date: Apr 2006
Posts: 7,922
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by lobzila View Post
I think the best way to protect yourself as a boat owner is through insurance. Yep, much as I hate insurance companies, I have a rider policy attached to my boat. When I combined all my insurance needs to one company, they were able to throw in the 2 million rider policy on boating related incidents. If you own a house or several cars and insure with different companies, look into this. I ended up doing it when I found out my old employer was not paying any insurance for us to drive boats for the Marine Corps and pocketing the profit to the tune of 10K per month. Cover your ass gentlemen, and then insure it as well.

The next guy who breaks his finger on your boat miraculously, lo and behold, has been planning and has the potential to be the next world-renowed brain surgeon but for your negligence....and his demand for compensation is curiously exactly $2M.
__________________
Joe Nguyen

Please generalize the LOCATION/TIME of your spearing reports.
zenspearo is offline   Reply With Quote
Old 06-14-2008, 10:44 PM   #18
Bill McIntyre
Registered User
 
Bill McIntyre's Avatar
 
Join Date: Oct 2004
Location: San Clemente, CA
Age: 80
Posts: 39,143
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by lobzila View Post
I think the best way to protect yourself as a boat owner is through insurance. Yep, much as I hate insurance companies, I have a rider policy attached to my boat. When I combined all my insurance needs to one company, they were able to throw in the 2 million rider policy on boating related incidents. If you own a house or several cars and insure with different companies, look into this. I ended up doing it when I found out my old employer was not paying any insurance for us to drive boats for the Marine Corps and pocketing the profit to the tune of 10K per month. Cover your ass gentlemen, and then insure it as well.
Good point (I think so anyway, but this is not legal advice, and should not be relied upon )

Ever since I was commissioned a 2/Lt in 1960, every thing I own, boats, cars, home, personal property, etc. has been insured by USAA. I have an umbrella policy with them (although on Joe's advice I'm not saying the amount). As long as I meet certain minimums for all the individual poicies, then this umbrella kicks in and covers me up to the stated amount on any of the other policies.

Of course they might be screwing me, but it feels good.
Bill McIntyre is offline   Reply With Quote
Old 06-14-2008, 10:51 PM   #19
Nightcrawler
Nachtgleiskette
 
Nightcrawler's Avatar
 
Join Date: May 2008
Location: Isla Vista
Posts: 76
Send a message via AIM to Nightcrawler
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by Bill McIntyre View Post
Of course they might be screwing me, but it feels good.
Thats the right way to look at a lot of situations.
__________________
A man needs a little madness, or else he'll never dare cut the rope and be free.
Nightcrawler is offline   Reply With Quote
Old 06-15-2008, 12:04 AM   #20
lobzila
Registered User
 
lobzila's Avatar
 
Join Date: May 2007
Location: Oceanside
Posts: 1,138
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by zenspearo View Post
The next guy who breaks his finger on your boat miraculously, lo and behold, has been planning and has the potential to be the next world-renowed brain surgeon but for your negligence....and his demand for compensation is curiously exactly $2M.
What's the difference between my insurance company lawyers and a school of halibut?

One group is a low lying ambush predators looking for any weakness in there prey to swallow them whole, or leave them dismembered and bloodied, and the other is a group of fish.

The only legal humor I know.
lobzila is offline   Reply With Quote
Old 06-15-2008, 01:21 AM   #21
SeaZen
Registered User
 
Join Date: Jan 2007
Location: Santa Barbara Area
Posts: 108
Re: Boat owners: Liability Waiver?

My Two Cents,
Guys if you bring out a waiver you introduce yourself to the activity called commercial chartering. My guess is most of you are not licensed captains, nor are your boats licensed to carry passengers for hire. The waiver was designed for commercial acitvity to try to stop bogus lawsuits by heirs when the victim was the cause of the accident, and to additionally make people aware of the risk involved in the acitivity they were about to partake in. At this level one would say we should all have one (a waiver)everytime we take anyone out. But now for another angle, you have acknowledged by asking me to sign a waiver that this is a very risky sport yet you have no qualifications to be the captain of this type of adventure other than your word of your experience. You knowingly are taking others out into a very hostile environment for which you have no training, (other than your personal over estimated experience at sea).
If a waiver is what you feel you must have then make sure it says what is going on;
_ I am a recreational boater with limited experience
- I am taking friends out to go diving,
- Situations may arrise that are out of my control or experience and that the outcome is uncertain
- by joining me on this voyage you take on all the risks associated with this activity, including death.

I have written waivers, had them reviewed by lawyers, and have used them for years - during commercial activity only. I am screwed when I take friends out if something goes wrong because I can not claim novice status. I am a licensed Captain, ex-diving instructor, rescue diver, etc, etc. The courts will say I had the experience to avoid an accident. What do I do? Dive alone? Boat alone? Stay in Bed and hope a tree does not fall on my house...
I am not opposed to open discusion, but I am not sure we are ready for the potential consequences of what waivers could mean...

Safe boating,
Captain Eric

PS- I do not use a waiver currently for my recreational adventures, I carry no manifest, I file no float plan, I go out, I dive, I look, I take friends or anyone (almost) with me, if we are lucky we bring home some of the seas wonderful bounty, good memories, and a sunburn. amen.
SeaZen is offline   Reply With Quote
Old 06-15-2008, 01:41 AM   #22
zenspearo
Moderator
 
zenspearo's Avatar
 
Join Date: Apr 2006
Posts: 7,922
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by SeaZen View Post
My Two Cents,
Guys if you bring out a waiver you introduce yourself to the activity called commercial chartering. My guess is most of you are not licensed captains, nor are your boats licensed to carry passengers for hire. The waiver was designed for commercial acitvity to try to stop bogus lawsuits by heirs when the victim was the cause of the accident, and to additionally make people aware of the risk involved in the acitivity they were about to partake in. At this level one would say we should all have one (a waiver)everytime we take anyone out. But now for another angle, you have acknowledged by asking me to sign a waiver that this is a very risky sport yet you have no qualifications to be the captain of this type of adventure other than your word of your experience. You knowingly are taking others out into a very hostile environment for which you have no training, (other than your personal over estimated experience at sea).
If a waiver is what you feel you must have then make sure it says what is going on;
_ I am a recreational boater with limited experience
- I am taking friends out to go diving,
- Situations may arrise that are out of my control or experience and that the outcome is uncertain
- by joining me on this voyage you take on all the risks associated with this activity, including death.

I have written waivers, had them reviewed by lawyers, and have used them for years - during commercial activity only. I am screwed when I take friends out if something goes wrong because I can not claim novice status. I am a licensed Captain, ex-diving instructor, rescue diver, etc, etc. The courts will say I had the experience to avoid an accident. What do I do? Dive alone? Boat alone? Stay in Bed and hope a tree does not fall on my house...
I am not opposed to open discusion, but I am not sure we are ready for the potential consequences of what waivers could mean...

Safe boating,
Captain Eric

PS- I do not use a waiver currently for my recreational adventures, I carry no manifest, I file no float plan, I go out, I dive, I look, I take friends or anyone (almost) with me, if we are lucky we bring home some of the seas wonderful bounty, good memories, and a sunburn. amen.

Eric,

You make some very good points.

I like it that you bring in your own experience and also point out that as a licensed captain, ex-diving instructor, rescue diver, etc., your options narrow.

Your average open water diver and amateur boat owner, my guess, probably won't be held to the same standard, especially if we lay out in advance that we are dumb-ass amateurs--don't rely on us to provide guidance, to watch for your safety, or to even know how to assist you. My feeling is the underlying tone of the waiver should be: You got a ride on an amateur boat, with amateurs who do not have the skills to bail you out if you get in trouble, and you know this in advance and are doing it completely voluntarily and at your own risk, and, just to be sure, we are spelling it out in writing in advance for you so there will be no mistaken assumption or expectation.

Thus, I think your point is exceedingly well taken: make sure one states that this is recreational, that the owner/operator has limited experience, that situations that arise that may cause injury/death.

Personally (and I have a pretty good feel but I haven't research this legal point), I don't believe that the presence/absence of a waiver is dispositive with regard to the question whether the activity is commercial or private in nature.

A ready example I can think of is a private non-profit boating club. I belonged to one when in school. It was free, or nearly so, and you get to sail if you help do the maintenance. Hardly a commercial chartering venture . More like a boating commune. They were in existence for a long time and yes, they have waivers and everyone signs.

One view of the waiver is it is a contract that spells out expectations and obligations and mutual considerations before hand. Private parties enter into contractual obligations all the time (what I will do, what I won't do, what you are not going to expect me to do, what I cannot do, etc.).

That's a minor (but very important) point I want to make. When that widow comes knocking because her husband succumbed to SWB, I sure as heck would feel better with that sheet of paper signed.

On the whole, you made some really good points. Definitely worth thinking about.

(*not legal counsel, don't rely, yada yada*)
__________________
Joe Nguyen

Please generalize the LOCATION/TIME of your spearing reports.
zenspearo is offline   Reply With Quote
Old 06-15-2008, 01:49 AM   #23
Gradyman
Man on a Mission...
 
Gradyman's Avatar
 
Join Date: Jun 2005
Location: Daytona Beach
Age: 56
Posts: 3,776
Re: Boat owners: Liability Waiver?

Quote:
Originally Posted by SeaZen View Post
My Two Cents...

If a waiver is what you feel you must have then make sure it says what is going on;
_ I am a recreational boater with limited experience
- I am taking friends out to go diving,
- Situations may arrise that are out of my control or experience and that the outcome is uncertain
- by joining me on this voyage you take on all the risks associated with this activity, including death.

A good two cents to add!!

I have the waivers below which I use occasionally when taking friends/acquantences out. I put them together from two different forms I got from a dive operation and a boating club...I had them looked over by a lawyer who said they looked good. I've never had an incident, thank God! Hope this helps.

Form 1

Diving, Boating & Fishing Release form for Len Pepe & Family

(IMPORTANT - READ BEFORE SIGNING!)
In consideration of being allowed to participate in any way with Len Pepe & Family and related events and activities, the undersigned agrees to the following:

1. Prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise Len Pepe of such condition(s) and refuse to participate.

2. I acknowledge and fully understand that I will be engaging in activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, but the actions, inactions or negligence of others, the rules of play, the condition of the premises, or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at this time.

3. I assume all the foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability or death.

4. I release, waive, discharge and covenant not to sue Len Pepe & Family or Len Pepe Photography, its affiliated clubs, their respective administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as “releasees",from any and all liability to me, my heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.

5. This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable.

I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNED IT VOLUNTARILY.

Date:
Participant’s Name: Signature:

Address: City: State: Zip:

Contact Person & Phone #:

Form 2

Diving / Boating/Fishing release form
In consideration of the opportunity afforded to me to participate in any activity on the following described real property : The boat and property owned by Len Pepe and his family
(INITIAL AT THE LEFT OF EACH SECTION AFTER YOU READ IT)



I, the undersigned, (print name ) _ (18) years, HEREBY AGREE AS FOLLOWS:


, being over the age of EIGHTEEN



1. Knowingly, freely and voluntarily, for myself, my heirs, personal representatives and assigns & waive any right or cause of action, of any kind whatsoever, arising as a result of my being on the above described premises and/or my participation in any form of SCUBA diving, whether on OPEN CIRCUIT, CLOSED CIRCUIT, SEMI-CLOSED CIRCUIT, while breathing AIR, NITROX, TRIMIX or any other COMPRESSED GASES, which any liability mayor could accrue to Len Pepe & Family., their agents, servants, officers, instructors, or employees.
2. AS.SUJlli~_a1Lrisk of injury to myself, including but not limited to, death by drowning or other accidents such as an air embolism, the bends, and other related diving injuries, and to my property, while participating in swimming, SCUBA diving, or any activities incidental thereto.
3. I am aware that SCUBA diving is INHERENTLY DANGEROUS and I ASSUME ALL RISKS related to such an activity. I further understand that such activities may take place at remote areas and a recompression chamber, which may be required to treat any injuries I may receive, may not be close by. Being aware of such risk, I still choose to participate in SCUBA diving. Boating and or fishing
4. For myself and my heirs, personal representatives, or assigns, from the date of this RELEASE and WAIVER AGREEJ\I1ENT and forever hereafter, hold the said Len Pepe & Family., harmless and blameless for any injury to myself, including death, occasioned by participation in SCUBA diving activities, whether resulting by or through the NEGLIGENCE OF Len Pepe & Family., their agents, servants, officers, instructors, or employees. Should I, my heirs, persona] representatives, or assigns, institute an action against the Len Pepe & Family, arising out of injury to myself or property, as a result of SCUBA diving, then and in that event, I for myself and my heirs, legal representatives and assigns, HEREBY AGREE to pay all cost of such action, including attorneys fees incurred by them.




SIGNED this: day of , __________


Participant's Signature'

Certification Number' Agency_' _
Date of Certificatiol1'-• _
Level of Certification_' _
__________________

If you lose your wealth you've lost nothing, if you lose your health you've lost something, if you lose your integrity you've lost everything.

When there is nothing left but God,you find out that God is all you need.

Our thoughts become words...words become actions...actions become habits...habits become character and it becomes our destiny.
Gradyman is offline   Reply With Quote
Old 06-15-2008, 01:52 AM   #24
zenspearo
Moderator
 
zenspearo's Avatar
 
Join Date: Apr 2006
Posts: 7,922
Re: Boat owners: Liability Waiver?



Quote:
Originally Posted by Gradyman View Post
A good two cents to add!!

I have the waivers below which I use occasionally when taking friends/acquantences out. I put them together from two different forms I got from a dive operation and a boating club...I had them looked over by a lawyer who said they looked good. I've never had an incident, thank God! Hope this helps.

Form 1

Diving, Boating & Fishing Release form for Len Pepe & Family

(IMPORTANT - READ BEFORE SIGNING!)
In consideration of being allowed to participate in any way with Len Pepe & Family and related events and activities, the undersigned agrees to the following:

1. Prior to participating, I will inspect the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise Len Pepe of such condition(s) and refuse to participate.

2. I acknowledge and fully understand that I will be engaging in activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, but the actions, inactions or negligence of others, the rules of play, the condition of the premises, or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at this time.

3. I assume all the foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability or death.

4. I release, waive, discharge and covenant not to sue Len Pepe & Family or Len Pepe Photography, its affiliated clubs, their respective administrators, directors, agents, coaches, and other employees of the organization, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as “releasees",from any and all liability to me, my heirs and next of kin for any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.

5. This waiver may not be modified in any way. If any part of this waiver is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable.

I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNED IT VOLUNTARILY.

Date:
Participant’s Name: Signature:

Address: City: State: Zip:

Contact Person & Phone #:

Form 2

Diving / Boating/Fishing release form
In consideration of the opportunity afforded to me to participate in any activity on the following described real property : The boat and property owned by Len Pepe and his family
(INITIAL AT THE LEFT OF EACH SECTION AFTER YOU READ IT)



I, the undersigned, (print name ) _ (18) years, HEREBY AGREE AS FOLLOWS:


, being over the age of EIGHTEEN



1. Knowingly, freely and voluntarily, for myself, my heirs, personal representatives and assigns & waive any right or cause of action, of any kind whatsoever, arising as a result of my being on the above described premises and/or my participation in any form of SCUBA diving, whether on OPEN CIRCUIT, CLOSED CIRCUIT, SEMI-CLOSED CIRCUIT, while breathing AIR, NITROX, TRIMIX or any other COMPRESSED GASES, which any liability mayor could accrue to Len Pepe & Family., their agents, servants, officers, instructors, or employees.
2. AS.SUJlli~_a1Lrisk of injury to myself, including but not limited to, death by drowning or other accidents such as an air embolism, the bends, and other related diving injuries, and to my property, while participating in swimming, SCUBA diving, or any activities incidental thereto.
3. I am aware that SCUBA diving is INHERENTLY DANGEROUS and I ASSUME ALL RISKS related to such an activity. I further understand that such activities may take place at remote areas and a recompression chamber, which may be required to treat any injuries I may receive, may not be close by. Being aware of such risk, I still choose to participate in SCUBA diving. Boating and or fishing
4. For myself and my heirs, personal representatives, or assigns, from the date of this RELEASE and WAIVER AGREEJ\I1ENT and forever hereafter, hold the said Len Pepe & Family., harmless and blameless for any injury to myself, including death, occasioned by participation in SCUBA diving activities, whether resulting by or through the NEGLIGENCE OF Len Pepe & Family., their agents, servants, officers, instructors, or employees. Should I, my heirs, persona] representatives, or assigns, institute an action against the Len Pepe & Family, arising out of injury to myself or property, as a result of SCUBA diving, then and in that event, I for myself and my heirs, legal representatives and assigns, HEREBY AGREE to pay all cost of such action, including attorneys fees incurred by them.




SIGNED this: day of , __________


Participant's Signature'

Certification Number' Agency_' _
Date of Certificatiol1'-• _
Level of Certification_' _
__________________
Joe Nguyen

Please generalize the LOCATION/TIME of your spearing reports.
zenspearo is offline   Reply With Quote
Old 06-15-2008, 08:39 AM   #25
Chris Oak
the ghost
 
Chris Oak's Avatar
 
Join Date: May 2006
Location: america
Posts: 4,111
Re: Boat owners: Liability Waiver?

Good add! Another thing I was wondering is does the person have to sign one of those every time they go out? Or can they sign it once and not date it and we keep it on file forever?
__________________
Chris Oak
Enforcer: Team IDGAF
Chris Oak is offline   Reply With Quote
Old 06-15-2008, 08:53 AM   #26
seahunter49
Senior Member
 
seahunter49's Avatar
 
Join Date: Nov 2007
Location: Ft Lauderdale
Age: 48
Posts: 1,175
Re: Boat owners: Liability Waiver?

Gradyman, thanks for posting. How is the beginning of this paragraph supposed to read?
Quote:
2. AS.SUJlli~_a1Lrisk of injury to myself, including but not limited to, death by drowning or other accidents such as an air embolism, the bends, and other related diving injuries, and to my property, while participating in swimming, SCUBA diving, or any activities incidental thereto.
seahunter49 is offline   Reply With Quote
Old 06-15-2008, 09:56 PM   #27
tommy7
Registered User
 
tommy7's Avatar
 
Join Date: Jul 2004
Location: Camarillo
Posts: 5,439
Re: Boat owners: Liability Waiver?

I say that you make them watch a video and sign a release form after each point is presented. The video would spell everything that is involved in a trip from the arrival at dock till the return. It would show just how easily things can go wrong on the trip, it would also state that it is impossible to include every possible circumstance that may come up. It could be watched on Youtube and the form downloaded and filled out and signed. What do you think?
__________________
Each mans life is but a breath........Psalms 39.5
tommy7 is online now   Reply With Quote
Old 06-15-2008, 11:29 PM   #28
rojodiablo
My spawn kills on....
 
rojodiablo's Avatar
 
Join Date: Sep 2005
Location: Huntington Beach, Ca
Age: 49
Posts: 8,528
Re: Boat owners: Liability Waiver?

I am telling you; there is an easy fix for all this.

Make it clear that whiners won't be allowed on the boat. Make it clear that you are the boss on your boat. Make it clear that any potential litigous bastards will be tied to the anchor, and scuttled in 100 fathoms of water. Problem solved.
__________________
When you bite the octopus, and your dive partner can hear the brain pop from 10 feet away...... Nice!!
rojodiablo is offline   Reply With Quote
Old 06-15-2008, 11:50 PM   #29
BradG
Brad
 
Join Date: Aug 2007
Posts: 224
Re: Boat owners: Liability Waiver?

I'm not a boat owner. I am neither a lawyer nor do I play one on television. I am also not dispensing advice here, just posting a thought on what I'd do if I were a boat owner.

Others have mentioned umbrella policies. If I were a boat owner, I would be looking into those, even if I had a generic liability waiver. I have a friend who used to be a high-level manager in a nationally recognized insurance company. His company had armies of lawyers who specialized in destroying waivers. He said that they basically did not give a second thought to most waivers that people signed, they were nothing but a minor hindrance for his lawyers.

The way I see it, hypothetically, if I've got a $25,000 policy and I get sued for 6 or 7 figures, I'm concerned my insurance company may say, "Wow... good luck with that one" and cut me a check for $25,000 and I'm on my own. If I've got an umbrella policy for 2 million, they have a vested interest in sending their specialized army of attorneys to my defense. It'd be cheaper for them to do that than to cut a check.

Again, I have no experience with this and would appreciate any corrections. It's just the way I see things. Even if I decided to use a waiver, I'd be relying on the umbrella coverage first.
BradG is offline   Reply With Quote
Old 06-15-2008, 11:54 PM   #30
zenspearo
Moderator
 
zenspearo's Avatar
 
Join Date: Apr 2006
Posts: 7,922
Re: Boat owners: Liability Waiver?

Ed (Lobzilla) is right and so are you Brad, IMO. Despite my poking gentle fun at Ed (and we pm'ed in good fun about it afterwards), I too believe in having an umbrella policy.

Good post.
__________________
Joe Nguyen

Please generalize the LOCATION/TIME of your spearing reports.
zenspearo is offline   Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 02:33 PM.


The World's Largest Spearfishing Diving Social Media Forum Powered by vBulletin® Version 3.8.1
Copyright ©2000 - 2019, Jelsoft Enterprises Ltd.
Copyright ©2002 - 2014 Spearboard.com