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About Boat Insurance



Marine Insurance covers the loss or damage of ships, cargo, terminals, and any transport or property by which cargo is transferred, acquired, or held between the points of origin and final destination.

Cargo insurance--discussed here--is a sub-branch of marine insurance, though Marine also includes Onshore and Offshore exposed property (container terminals, ports, oil platforms, pipelines); Hull; Marine Casualty; and Marine Liability.

Origins of Formal Marine Insurance The modern origins of marine insurance law were in the [law merchant], with the establishment in [England] in [1601] of a specialised chamber of assurance separate from the other Courts. [William Murray, 1st Earl of Mansfield], [Lord Chief Justice] in the mid-eighteenth century, began the merging of law merchant and [common law] principles. The establishment of [Lloyd's of London], competitor insurance companies, a developing infrastructure of specialists (such as [Shipbroking], [Admiralty law] lawyers, and bankers), and the growth of the [British Empire] gave English law a prominence in this area which it largely maintains and forms the basis of almost all modern practice. The growth of the London insurance market led to the standardisation of policies and judicial [precedent] further developed marine insurance law. In [1906] the Marine Insurance Act was passed which [codification] the previous common law; it is both an extremely thorough and concise piece of work. Although the title of the Act refers to marine insurance, the general principles have been applied to all non-life insurance.

In the 19th. century, Lloyd's and the Institute of London Underwriters (a grouping of London company insurers) developed between them standardised clauses for the use of marine insurance, and these have been maintained since. These are known as the Institute Clauses because the Institute covered the cost of their publication.

Within the overall guidance of the Marine Insurance Act and the Institute Clauses parties retain a considerable freedom to contract between themselves.

Marine insurance is the oldest type of insurance. Out of it grew non-marine insurance and [reinsurance]. It traditionally formed the majority of business underwritten at Lloyd's. Nowadays, Marine insurance is often grouped with Aviation and Transit (ie. cargo) risks, and in this form is known by the acronym 'MAT'.

Practice The Marine Insurance Act includes, as a schedule, a standard policy (known as the 'SG form'), which parties were at liberty to use if they wished. Because each term in the policy had been tested through at least two centuries of judicial precedent, the policy was extremely thorough. However, it was also expressed in rather archaic terms. In 1991, the London market produced a new standard policy wording known as the MAR 91 form and using the Institute Clauses. The MAR form is simply a general statement of insurance; the Institute Clauses are used to set out the detail of the insurance cover. In practice, the policy document usually consists of the MAR form used as a cover, with the Clauses stapled to the inside. Typically each clause will be stamped, with the stamp overlapping both onto the inside cover and to other clauses; this practice is used to avoid the substitution or removal of clauses.

Because marine insurance is typically underwritten on a subscription basis, the MAR form begins: We, the Underwriters, agree to bind ourselves each for his own part and not one for another . In legal terms, liability under the policy is [joint and several liability]; ie. The underwriters are all liable together, but only for their share or proportion of the risk. If one underwriter should default, the remainder are not liable to pick his share of the claim.

Typically, marine insurance is split between the vessels and the cargo. Insurance of the vessels is generally known as 'Hull and Machinery' (H&M). A more restricted form of cover is 'Total Loss Only' (TLO), generally used as a reinsurance, which only covers the total loss of the vessel and not any partial loss.

Cover may be on either a 'voyage' or 'time' basis. The 'voyage' basis covers transit between the ports set out in the policy; the 'time' basis covers a period of time, typically one year, and is more common.

Protection and indemnity A marine policy typically covered only three-quarter of the insured's liabilities towards third parties. The typical liabilities arise in respect of collision with another ship, known as 'running down' (collision with a fixed object is an 'allision'), and wreck removal (a wreck may serve to block a harbour, for example).

In the [19th century], shipowners banded together in [mutual insurance] known as [protection and indemnity insurance] (P&I), to insure the remaining one-quarter liability amongst themselves. These Clubs are still in existence today and have become the model for other specialised and uncommercial marine and non-marine mutuals, for example in relation to oil pollution and nuclear risks.

Clubs work on the basis of agreeing to accept a shipowner as a member and levying an initial 'call' (premium). With the fund accumulated, reinsurance will be purchased; however, if the loss experience is unfavourable one or more 'supplementary calls' may be made. Clubs also typically try to build up reserves, but this puts them at odds with their mutual status.

Because liability regimes vary throughout the world, insurers are usually careful to limit or exclude American [Merchant Marine Act of 1920] liability.

Actual Total Loss and Constructive Total Loss These two terms are used to differentiate the degree of proof where a vessel or cargo has been lost.

An Actual Total Loss refers to the situation where the position is clear and a Constructive Total Loss refers to the situation where a loss is inferred. In practice, a Constructive Total Loss might also be used to describe a loss where the cost of repair is not economic; ie a 'write-off'.

The different terms refer to the difficulties of proving a loss where there might be no evidence of such a loss. In this respect, marine insurance differs from non-marine insurance, where the insured is required to prove his loss. Traditionally, in law, marine insurance was seen as an insurance of 'the adventure', with insurers having a stake and an interest in the vessel and/ or the cargo rather than, simply, an interest in the financial consequences of the subject-matter's survival.

Average The term 'Average' has two meanings:

(1) In marine insurance, in the case of a partial loss, or emergency repairs to the vessel, average may be declared. This covers situations, where, for example, a ship in a storm might have to jettison certain cargo to protect the ship and the remaining cargo. '[General Average]' requires all cargo owners to contribute to compensate the losses caused to those whose cargo has been lost or damaged. 'Particular Average' is levied on a group of cargo owners and not all of the cargo owners.

(2) In the situation where an insured has under-insured, ie. insured an item for less than it is worth, average will apply to reduce the amount payable. There are different ways of calculating average, but generally the same proportion of under-insurance will be applied to any payout due.

An average adjuster is a marine claims specialist responsible for adjusting and providing the general average statement. He is usually appointed by the shipowner or insurer.

Excess, Deductible, Retention, Co-Insurance, and Franchise An Excess is the amount payable by the insured and is usually expressed as the first amount falling due, up to a ceiling, in the event of a loss. An excess may or may not be applied. It may be expressed in either monetary or percentage terms. An excess is typically used to discourage [moral hazard] and to remove small claims, which are disproportionately expensive to handle. The equivalent term to 'excess' in marine insurance is 'deductible' or 'retention'.

A co-insurance, which is typically applied in non-proportional treaty [reinsurance], is an excess expressed as a proportion of a claim, e.g. 5%, and applied to the entirety of a claim.

A franchise is a deductible below which nothing is payable and beyond which the entire amount of the sum insured is payable. It is typically used in reinsurance [arbitrage] arrangements.

Tonners and Chinamen These are both obsolete forms of early reinsurance. Both are technically unlawful, as not having [insurable interest], and so were unenforceable in law. Policies were typically marked P.P.I. (Policy is Proof of Interest). Their use continued into the 1970s before they were banned by Lloyd's, the main market, by which time, they had become nothing more than crude bets.

A 'tonner' was simply a 'policy' setting out the global gross tonnage loss for a year. If that loss was reached or exceeded, the policy paid out. A 'chinamen' applied the same principle but in reverse: thus, if the limit was not reached, the policy paid in

Specialist Policies Various types of specialist policy exist, including:

Newbuilding risks: This covers the risk of damage to the hull whilst it is under construction.

Yacht Insurance: Insurance of pleasure craft is generally known as 'yacht insurance' and includes liability coverage. Smaller vessels, such as yachts and fishing vessels, are typically underwritten on a 'binding authority' or 'lineslip' basis.

War risks: Usual Hull insurance does not cover the risks of a vessel sailing into a war zone. A typical example is the risk to a tanker sailing in the [Persian Gulf] during the [Gulf War]. War risks cover protects, at an additional premium, against the danger of loss in a war zone. The war risks areas are established by the London-based Joint War Committee, which has recently moved to include the [Strait of Malacca] as a war risks area due to [piracy] .

Increased Value (IV): Increased Value cover protects the shipowner against any difference between the insured value of the vessel and the market value of the vessel.

Overdue insurance: This is a form of insurance now largely obsolete due to advances in communications. It was an early form of reinsurance and was bought by an insurer when a ship was late at arriving at her destination port and there was a risk that she might have been lost (but, equally, might simply have been delayed). The overdue insurance of the [RMS Titanic] was famously underwritten on the doorstep of Lloyd's.

Cargo insurance: Cargo insurance is underwritten on the Institute Cargo Clauses, with coverage on an A, B, or C basis, A having the widest cover and C the most restricted. Valuable cargo is known as [specie].

Links:Description of cover:

Institute Cargo Clauses:

Warranties and Conditions A peculiarity of marine insurance, and insurance law generally, is the use of the terms [condition] and [warranty]. In English law, a condition typically describes a part of the contract that is fundamental to the performance of that contract, and, if breached, breaches the contract as a whole. By contrast, a warranty is not fundamental to the performance of the contract and breach of a warranty will not lead to a breach of the contract. The meaning of these terms is reversed in insurance law. Thus, the Marine Insurance Act 1906 refers to implied warranties, one of the most important of which is that the vessel is seaworthy.see also: Bank of Nova Scotia v. Hellenic Mutual War Risks Association (Bermuda) Ltd. ('The Good Luck') 2 WLR 1279 and at 1294-5

Salvage and Prizes The term '[Marine salvage]' refers to the practice of rendering aid to a vessel in distress. Apart from the consideration that the sea is traditionally 'a place of safety', with sailors honour-bound to render assistance as required, it is obviously in underwriters' interests to encourage assistance to vessels in danger of being wrecked. A policy will usually include a 'sue and labour' clause which will cover the reasonable costs incurred by a shipowner in his avoiding a greater loss.

At sea, a ship in distress will typically agree to 'Lloyd's Open Form' with any potential salvor. The Lloyd's Open Form is the standard contract, although other forms exist. The Lloyd's Open Form is headed 'No cure - no pay'; the intention being that if the attempted salvage is unsuccessful, no award will be made. However, this principle has been weakened in recent years, and awards are now permitted in cases where, although the ship might have sunk, pollution has been avoided or mitigated. In other circumstances the "salvor" may envoke the SCOPIC terms (most recent and commonly used rendition is SCOPIC 2000) in contrast to the LOF (Lloyd's Open Form) these terms mean that the salvor will be paid even if the salvage attempt is unsuccessful. The amount the salvor receives is limited to cover the costs of the salavage attempt only. One of the main negative factors in envoking SCOPIC (on the salvors behalf) is if the salvage attempt is successful the amount at which the salvor can claim under article 13 of LOF is discounted.

The Lloyd's Open Form, once agreed, allows salvage attempts to begin immediately. The extent of any award is determined later; although the standard wording refers to the Chairman of Lloyd's arbitrating any award, in practice the role of arbitrator is passed to specialist admiralty [Queen's Counsel]s.

A ship captured in war is referred to as a prize, and the captors entitled to [prize money]. Again this risk is covered by standard policies.

Marine Insurance Act, 1906 The most important sections of this Act include:

s.4: a policy without [insurable interest] is void.

s.17: imposes a duty on the insured of [Uberrima fides] (as opposed to [caveat emptor]); ie. that questions must be answered honestly and the risk not misrepresented.

s.18: the proposer of the insurer has a duty to disclose all material facts relevant to the acceptance and rating of the risk. Failure to do so is known as non-disclosure or concealment (there are minor differences in the two terms) and renders the insurance voidable by the insurer.

s.33(3): If warranty be not complied with, then, subject to any express provision in the policy, the insurer is discharged from liability as from the date of the breach of warranty, but without prejudice to any liability incurred by him before that date.

s.34(2): where a warranty has been broken, it is no defence to the insured that the breach has been remedied, and the warranty complied with, prior to the loss.

s.34(3): a breach of warranty may be waived (ie. ignored) by the insurer.

s.50: a policy may be [Assignment (law)]. Typically, a shipowner might assign the benefit of a policy to the ship-mortgagor.

ss.60-63: deals with the issues of a constructive total loss. The insured can, by notice, claim for a constructive total loss with the insurer becoming entitled to the ship or cargo if it should later turn up. (By contrast an actual total loss describes the physical destruction of a vessel or cargo.)

s.79: deals with [subrogation]; ie. the rights of the insurer to stand in the shoes of an [indemnity] insured and recover [marine salvage] for his own benefit.

Schedule 1 of the Act contains a list of definitions; schedule 2 contains the model policy wording.

See also
  • [Classification society]
  • [Receiver of Wreck]
  • [Inland marine insurance]


External links
  • Transport Information Service: www.tis-gdv.de - Specialist information from German marine underwriters on various aspects of the transport sector
  • UK case relating to legal definitions (The No. 1 Dae Bu)


Reference

Bibliography
  • Birds, J. Birds' Modern Insurance Law. Sweet & Maxwell, 2004. (ISBN 0-421-87800-2)


  • Donaldson, Ellis, Wilson (Editor), Cooke (Editor), Lowndes and Rudolf: Law of General Average and the York-Antwerp Rules. Sweet & Maxwell, 1990. (ISBN 0-420-46930-3)




Information Reference: Wikipedia.org


Boat insurance

Questions and Answers

How much is boat insurance?

Q) I am going to liveaboard a 29ft sailing boat worth about £35000 purely based in a local marina. I need £2M worth of public liability insurance, any idea on the cost of an annual policy?Thanks in advance.

A) I have a thirty two foot sailing boat with the same sort of value and I pay a touch over £400 a year, which I think is very reasonable. You can get cheaper but I haven't bothered to shop around. I use a broker called Stephen Whiteman at Lymington near Southampton

where is the best place to get insurance for my motor boat?

A) There really isn't a "best place" you need to shop around rates and make sure the coverages you are getting will meet your needs.

first boat. need help/advice please?

Q) hi everyone. i i have just bought a riva aquarama but this will be my first boat. do i need to pay tax/mot/insurance etc like a car? do i need a licence? does boats have a v5 or something like that? what side of the river do you have to drive on? thank you i am in england and want to drive this boat up the thames.

A) If this boat has a motor then you will need a licence to operate a boat. Second thing is if the boat is on a trailer then you will need to pay registration for the boat as well as the trailer. If boat is under 4.8metres in length then it is compulsory to have life jackets which are pfd1s, a bucket, oars or paddles, flares, and starboard and portside lights and a clearance light. In relation to what side of the river to drive on it will be starboard which is the right side. Hope this is helpful.

Need help about liability insurance?

Q) Our boat was being kept at a boat yard where it was having work done on it as we had only just bought it days before. In passing, the owners of the boatyard offered to get us insurance through their broker as it would be the best deal. We went for this but unfortunately the workshop was attacked by arsonists and burnt down, along with our boat, before they did this. The owners have promised on a number of occasions (including once in front of a police officer) to get us a new boat for compensation to the same value. More than a month later and we can't get hold of them and nothing has been done. We have also now found out that they didn't have liability insurance on the place. As we are getting impatient as the weeks and months go on, we are wondering where we stand legally with this. Is public liability insurance necessary? Can we go to court with this & do we have a leg to stand on?

A) OK, THEIR liability on the place, IF they had it, would be for like slip & fall claims while you were on their premises. It would NOT cover the physical damage of YOUR boat, while it was being kept there. Liability specificially excludes coverage for property in your care, custody, or control. Likely, public liability (slip & fall coverage) is NOT required. You could go to court, but unless they caused the fire (were THEY the arsonists)? You will lose. If they DID cause the fire, it's not going to help you collect. LIkely these people just lost everything they have, and good luck getting anything from them. NEVER EVER EVER rely on a third party to get insurance for YOU! NO ONE will look out for your interests as well as you can.

How much realistically to own a power boat?

Q) Hi I am planning to buy a motor boat for recreational use, 4 berth for up to £6 - 8 k. I know very little about boats so will bring someone along who does know about them. What I need to know based on occasional weekend use, how much should I budget for - mooring fees, water licence and anything else such as insurance? Many thanks Steve

A) Costs will vary widly depending on where you are and the type of mooring you have. If you're looking at a 4 - 6 berth motor boat i'm guessing it'll be at least 25 foot so if you're looking at a good marina i would probably suggest budgeting about £2500 - £3000 per year. If you're looking at a deep water swing mooring perhaps about £700 - £1000 and maybe about £500 for mooring which dries out at low tide. Other costs to consider are 1) insurance (variable depending on your experience and how powerful the craft is) say £600 per year as a ball park figure, 2) antifouling (variable depending on the size of the boat and type of antifouling required for speed of craft) say £750 per year, 3) servicing (variable depending on size and number of engines) say £250 per engine, 4) winter storage (variable depending on where and how you will transfer the boat to and from the storage area) say £500 and 5) fuel (variable depending on how far and how fast you intend to go) say £60 for a weekend. All in all you probably need to budget for about £2500 - £5000 per year. Should be well worth it though! Good luck.

Living on a boat?

Q) In the UK, is it expensive ? As regards mooring fees, insurance etc. Are there ways around it? ie moving about. What advice? I know expensive is relative.......compared to living in a house say>>>>

A) Now we talking fun! I have always wanted to live on a boat and have had the opportunity to do so for about 2 months. I live in the USA so not sure about mooring charges in UK. But, depending on your access to rivers you may find a Farmer with land along a river and work a deal for a cheap place to moor your boat. Here the prices can have a large range. Our 65 foot (About 20 meters +/-?) boat cost $600 USD to dock now. We will move it closer to home and found a dock for $300 USD (Monthly). Half price!!! Electricity and water furnished. We pay Phone and Cable (TV/Internet) if we want. The thing to living on a boat is space. You need a place for everything and if something not fit you learn to do without. Heating and Cooling is not hard due to the small space. Most of the people around are in a good mood. Many have pets; Cats, Dogs even Birds and small aquariums. Due to the space it can seem small but if you an outdoor type person you will manage well in this environment. Depending on the area you may have moisture problems if you not heat and cool. I feel it much cheaper than living in a house and much more fun. Hope this helps wish I knew more on your mooring costs.

Buying a car in the UK when living on a boat?

Q) I'm French and I've bought a used car in Preston. I live on board at the marina and I have no residential certificate. What I have to do to drive legally ( MOT, insurance ...) ?

A) Hello, (ANS) I think the main requirement for you to be able to drive the car here in the UK legally, you would just need to show (proof) of residency. Meaning you would have to give your boat or the marina as your permanent address here in England. That should be enough for the purposes of a) registered owner or keeper of the vehicle for drivers license in UK b) for insurance purposes c) MOT etc. **In other words giving your boat as your address should be fine, I cannot see that there would be a problem with that. You would still have a UK post code and that's important. Hope that helps? Kind Regards Ivan

speedboat liscence,?

Q) do i need any liscence or insurance to take my boat the the coast to test it out

A) Currently there is no authority for you to have neither a licence or insurance to take a boat out on the water,however,should you have an accident,then you would be personably reliable for any expenses incurred,meaning you could then lose your savings boat house etc so insurance would be a good idea,most insurance companies would only insure you if you had the RYA powerboat licence,which is usually a 2 day course held anywhere in the U,K,

problems with insuring boats converted to lpg?

Q) im considering buying a boat which is converted to lpg what problems can occur with insurance companies re same

A) There is a risk of gas leaks building up in the bilges causing an explosion. Petrol can do the same, but doesn't come in a pressurised system. You need to be sure the system was competently converted and has all the shut-off valves, vents &c. Get a proper marine surveyor to look at it, and get insurance quote before purchase

Insurers in the UK?

Q) I need a list of all the insurance companies that operate in the UK. It doesnt mater what type of insurance they offer, e.g. car, pet, boat etc. Thanks

A) Then google it.There are thousands of insurance companies and im stuffed if im going to do you a list.

boat insurance?

Q) I need insurance for my Seahog Hunter boat. anyone know a good insurance company were you don't need boat survey in the UK. THANKS

A) The need for a survey will normally depend on age. Try Mardon or Nautical, I've found both of these competitive, Nautical saved me 30% on his years reneal for exactly the same cover as I previously had. Alternatively just put a search on the web under marine insurance and complete some online quotes.

Boat Insurance?

Q) My husband and I are getting ready to purchase a used boat. It is a 1997 and we will be getting a loan through the bank for like $10,000. Will we have to carry boat insurance? We will only be using the boat on the river and maybe a few large lakes.

A) The bank will require "hull and machinery" insurance for the value of the loan. Liability is up to you. The premium will be based on the amount of usage, waters you intend to sail on, and your experience level. The policy may even restrict which bodies of water you may sail on. Read it carefully.

when you get boat insurance what value does insurance company insure up to.?

Q) if your boat is worth 20000 dollars and insurance company ask what is trailor worth along with boat and you say 35000 dollars. I am paying on that premium and someone told me if boat is stolen the insurance company want pay on what i am paying on. is this true and I am paying for more insurance than I should be . Thanks for answers.

A) You get actual cash value less your deductible, UNLESS you have AGREED value, then you get the amount you agreed upon but I bet they will make you prove the amount - Not many companies will do agreed value anymore. Most will do STATED value which is actual cash value UP TO the amount stated on the policy. If the actual cash value is more than the stated value, you only get the stated value.

what insurance company sould i insure my boat through?

Q) ive been an auto insurance agent with 21st century for the past 2 years and we didnt offer boat insurance and i just purchased a classic 1966 larson 18ft boat and i wanted to insure it.. please help i live in los angeles california and the boat is not kept at a marina its kept at my house

A) No doubt the easiest way to get insurance quotes is on the web. Why would you waste your time on the phone calling around? the last time i needed quotes on insurance i used one of these comparison sites and it was great. this is the site i used and it was quick like less than 5 mins. The last thing I want to do is listen to elevator music while waiting for a salesman. Anyway I got good quotes and ended up saving money so I was happy. So shop around and compare quotes which is easy on the net. Good starting point is at this site. http://insurance.deal4-you.com Good luck.

how much is boat insurance?

Q) I'm about to buy a bass boat, or maybe a ski boat. How much will insurance run, for a new model or an older model? per year or month?

A) too much for us- we sold ours

Ever buy boat insurance on-line? Is it the best?

Q) I just inherited a boat it is less than 100K, is on line insurance the best?

A) It depends on what kind of boat you have. Power, Sail, where you will use it, what you will use it for, where you will keep it. Some Ins companies will not cover certain kinds of boats some will not cover if used on certain bodies of water. Start checking with your current insurer and then move on to various boating specialty insurers. A specialty company is best as they know what to cover and what to ask you . Others may say they will cover you but it may be minimal and useless in the event of a loss.

How much is boat insurance?

Q) Im getting a little boat with an outboard engine, how much would tags and insurance be ?

A) This can vary so much depending on factors such as boat value, the deductible, insured areas, etc. A stand alone policy will likely be a fair bit even for a small boat. If you have a homeowner's policy, it's likely you can add it to that for a small fee so check with them first. Progressive is one company in the US that has advertised itself as insuring small boats so you may wish to get a quote from them. I personally own a 33 foot sailboat and a 17-foot boat with an auxillary outboard. I don't insure the smaller boat.

Boat insurance question/options?

Q) If I receive multiple quotes for repairs that the insurance company IS going to pay for, do I legally have the choice as to where to take it? I'm currently going through the process and my marina referred me to a great canvas and carpet company, but the insurance company thought the quote was too high. They proceeded to make their own phone calls (the insurance company) and are now trying to only pay out to the lowest bidder. This doesn't seem right to me. Who's to say that the low bidder won't do a hack job?? I think I should have a choice as to where to take it. Can anyone help me out with this one? Thanks.

A) It has been my experience in Oregon with auto insurance claims that the owner has the right to select the business that will make the repairs to his vehicle. I am not sure if this carries over to boat insurance or not, but I would think so.

boat insurance in charleston sc?

Q) who has the best covrage

A) Try BoatUS (www.boatus.com/insurance/) or Progressive.com, or your auto insurance company.

How much is boat insurance for a 25-28ft boat??

A) There are many factors which will affect the cost of insuring a boat including size, value, covered area and deductables. First, see if you have home owner's insurance, see if you can add it to that. That is likely to be much cheaper than buying a stand alone policy. 26 feet seems to be a magic length in terms of weather or not it can be added, the premium structure and what areas a company may cover, so where in that spectrum you mentioned your boat lies, may make a notable difference. I've had quotes for my 26-foot sailboat which ranged from $180/year to over $2000/year depending on weather I could put it on a home owners policy, and weather I wanted to cover it for inland lakes, great lakes, coastal or off-shore use. BoatUS is a reputable company worth getting a quote from if the homeowner's policy doesn't work for you. Some things to check for when shopping for a policy: 1. What's the covered geographic area. 2. Who's coverd at an operator (Any minor kids?) 3. What are the deductibles and co-insurance 4. Look not only at the value of your boat, but liability (inuries or damage to other boat or property)

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