Based on the owner’s negligence to maintain a seaworthy vessel, the insurance company didn’t deny the claim; they instead refused coverage based on “had we known” you were going to do this, we would not have written the policy. In U.S. courts, the absolute warranty of seaworthiness extends to the appropriate number of crew for the voyage intended. In another recent sad case, a single- handed skipper suffered a heart attack while operating his trawler in the Bahamas. His boat was found grounded on a desolate stretch of shoreline days later with the engines in gear. Many cruising trawlers have enough fuel to operate for days. What if this unfortunate boater had not been in a confined chain of islands, but rather in the open ocean? His boat motoring along for days with no one at the helm would have been a hazard to other vessels around it. Having interviewed several owners single-handing their boats, most report taking extraordinary steps to minimize time away from the helm. They prepare meals ahead of time and do everything they can to operate safely — but when pressed, they also acknowledge they are taking added risks. They all claim they are being careful but being careful in this situation is OK … right up until it’s not, and you’re not the only one you’re putting at risk. A record number of recreational and commercial vessels are using our waterways and plying the open seas today. When out boating, regardless of where you are or what time of day it is, you will likely encounter other boats while underway. If you want to single-hand your boat over long distances, stop and think about the consequences. A lone boater is adding not only risk for themself but putting all boats around them at increased risk as well. Find a friend or hire a mate to help move the boat. Not only will you be safer, but you may even find it’s more enjoyable. m l
open themselves up to significant liability. If a vessel’s master is found to have violated one or more of the COLREGS, they may be found liable for all costs of rescue efforts. This could also include property damages, loss of income, salvage costs and environmental cleanup costs. In the event of a death, even criminal gross negligence charges are not out of the realm. Anyone considering single-handed operation should also be aware they may not be covered by their insurance when doing so. According to Scott Stusek of Gowrie Insurance in Annapolis, skippers operating boats single-handed will likely have violated at least one provision of their policy. All insurance companies have an implied warranty that the vessel is seaworthy. In tested legal cases, seaworthy is defined as the vessel being reasonably fit to perform the services and encounter the ordinary perils of the voyage contemplated, which means the vessel is operated by a suitable crew for the voyage intended. Further on insurance, in a paper written by Steven Wight from the Law Offices of Wright, Constable & Skeen, Wight states, “Whether a boat owner knows it or not, there are two occasions upon which he will warrant to his marine insurer that his vessel and all of its appurtenances are in tight seaworthy condition. No words need to be spoken and nothing needs to be written for these warranties to be conveyed. The warranties of seaworthiness are implied into every hull insurance policy by longstanding principles of marine insurance law. It is important for boat owners to understand these warranties, the manner in which
they are conveyed and the moments they attach, since the penalty for breaching a warranty of seaworthiness is loss of coverage and avoidance of insurance claims.” Wight explains, “Two of the times the warranties are implied are the moment the insured accepts the policy and the second is the moment the insured pulls away from Anyone considering single-handed operation should also be aware they may not be covered by their insurance when doing so. the dock.” If a boater gets underway single-handed, the insurance company may be within its right to say the owner violated the warranty of seamanship by operating the vessel contrary to International Maritime Regulations. That is a big risk to take. It’s important to reiterate, your policy may not specifically preclude the practice of operating single-handed, but it doesn’t mean you would be covered in an accident. In one instance, a couple owned a boat and had secured insurance with both names on the policy. One day one of them chose to move the boat solo while the other traveled to the destination by land. An electrical fire broke out on the boat, and the owner operating single-handed couldn’t maintain the helm and fight the fire. The boat ended up a total loss.
To view this article online, visit marinalife.com/SoloBoating
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