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Old 26 May 2010, 05:37   #1
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Boat /Dive Insurance Query

Renewal time, and I'm struggling with conflicting advice....I will try and set out the query as best Im can here, but am concious some of the terminology may be incorrect, so apologies in advance...

We insure via a large well known Consultant as are many others on here...and who are v helpful. They know that we offer (in basic terms) both passenger and dive charter (in so far that we will take people out to dive sites and that they enter the water to dive, no tuition is given or offered currently).

I am told that they insure 'hundreds' of commercial boats on this basis and that I am fully covered for any injury I may physically cause to any divers (or others) in the water with the boat etc. As I understand it, the divers have a responsibility to be qualified /competent and insured for the dives they do as well as taking any dive marshal responsibilties on as a party...working on this basis, we send out T&C along these lines which we ask to be signed off prior to charter. These were checked by a lawyer when we drew them up and i have dived myself on this basis.

However, i have also been advised that this is not correct and that we DO have a responsibility to the said divers when they leave the boat and that as such I must be insured on a 'member to member' basis....my current insurer tells me this is absolutely not the case as it ONLY applies to clubs /club RIBs etc....the other party rebuke this just as strongly and say I need it for commercial work too and that I also have a responsibility to the divers as I am the one dropping them in....what kind of responsibility?

So, which is it? Am I correctly covered OR do I need 'Member to Member' and possibly even more....i.e. is there another element of liability I need to insure against? and what? Do i have a legal liability to the divers i dropped in?

You will appreciate I am very confused. Both parties are convinced they are correct. For my part, I merely want to ensure that I am fully and comprehensivley covered. Any help/guidance apprciated PARTICULARLY from anyone who is operating in the same /similar manner.

I have passenger charter only /no dives booked for a week and for my peace of mind want this resolved correctly /promptly...shame there doesn't appear to be any definitive guidance around (or is there?)

Many thanks,

Dan
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Old 26 May 2010, 06:06   #2
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Dan - PM sent (from an insurance perspective).

Pete
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Old 27 May 2010, 04:08   #3
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Who is the other party and what is their interest in your business?
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Old 27 May 2010, 04:39   #4
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i don't see how you can have a duty of care for the diver other than getting him safely to the site, you're not dropping him in, he's jumping in himself, it's his choice, the second matey is talking the talk, ask him for an explaination in writing and see what happens
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Old 27 May 2010, 05:37   #5
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Cookee,

the initial concern was raised by another dive charter operator who had obviously been reading our site /seen our T&C's and words to the effect that we offer a taxi service (I know I should probably be flattered he was looking ).....sadly and IMO unproffessionally he made the comment to an important client of mine who thankfully had the good sense to see that he was stirring....but reported back to me anyway /did query what he had said (something along the lines of "all very well just taking divers to sites, but he does have a responsibility to them in the water" and "it wouldn't stand up in court")

I then (merely because I wanted to be positive there wasn't anything in his criticism /wanted to be able to reassure my client) spoke to a few other insurance providers (as well as my own again), one of whom gave the impression we did have a duty to divers and that his insurance was specifically geared up towards what we were doing /divers and that my existing cover wasn't sufficient I did need member to member etc.....Again, whilst I fully realise (and thank you also to Peter for his PM /Experience ) that this ws likely to be hard sell, it still sowed the seed of doubt...and I wanted to be clear I was fully covered /my current cover was correct, hence asking the question here /of other RIBnet operators....

Biffer, on further questioning, the insurer who said i was insufficiently covered has now backed down and feels that the cover we have is okay and that he now agrees member to member isn't required , but says that he can also 'insure us for admin of 02' - A completely different matter.....I therefore don't feel he is as specialised as he thinks /advertises to be after all

My conclusions are:

a) If no one here has any advice /experience to the contrary I am now relatively happy I am correctly covered.....please feel free to comment if you haven't already etc.

b) Isn't it sad how unproffesional some people are....both in terms of the other operator and the insurance broker. Certainly not a way I have or would conduct myself

c) There's plenty enough sea out there for everyone....the charterer in question is at least 40 miles away from me anyway

Thanks all....still be pleased to hear any other views :Thumbs:
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Old 27 May 2010, 06:18   #6
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i used to own a dive shop that had a bsac and padi schools attached to it, we had dive boats and i still do charters, we used to have a least one a day trying to sell us insurance, safety course's, etc, they all talked the talk, as i say, ask them to put it in writing with there name on it, that's a different matter
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Old 27 May 2010, 07:16   #7
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Quote:
Originally Posted by biffer View Post
i used to own a dive shop that had a bsac and padi schools attached to it, we had dive boats and i still do charters, we used to have a least one a day trying to sell us insurance, safety course's, etc, they all talked the talk, as i say, ask them to put it in writing with there name on it, that's a different matter
Cheers Biff
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Old 27 May 2010, 14:17   #8
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Try giving BSAC a ring - I'm sure they'll be most helpfull and let you know what THEY expect a boat / shuttle service ti have insurance wise.

http://www.bsac.com/page.asp?section...tle=Contact+Us
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Old 27 May 2010, 14:36   #9
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Originally Posted by treerat View Post
Try giving BSAC a ring - I'm sure they'll be most helpfull and let you know what THEY expect a boat / shuttle service ti have insurance wise.

http://www.bsac.com/page.asp?section...tle=Contact+Us
Have spoken to PADI along same lines....may give BSAC a shot too to see if they differ
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Old 27 May 2010, 18:25   #10
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perhaps the duty of care part is if you forgot to pick them all up after the dive and not to leave anyone behind in the water ,or blend one in the prop.
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