jay_merrill
Vice Admiral
- Joined
- Dec 5, 2007
- Messages
- 5,653
Re: Overpowered by 65 hp
All this means is that you didn't see such a claim during the period in which you were an employee of an insurance company. It does not mean that insurance companies are not likely to deny a claim, based upon issues such as overpowering.
As a person who was in the insurance business for some period of time, I am sure that you are aware of the fact that there are typically exclusions for situations where laws are broken, or gross negligence on the part of the insured has occurred. Since many states have laws that specificly address overpowering boats, and prohibit doing so, these exclusionary triggers can be taken advantage of by the insurer. Further, even in states where there is no specific prohibition on overpowering, often times an operator can be cited for negligent operation, if the boat is overpowered. In such a case, the insurer can deny coverage under "blanket" exclusions pertaining to gross negligence.
Another very likely scenario from a liability standpoint, is a plaintiff's attorney establishing gross negligence in court, after an accident with injury and/or fatalities. Remembering that the rules of civil procedure are quite different than the rules of criminal procedure, and that lawsuits happen in civil court, the impact of showing a jury that a boat was highly overpowered, should be very obvious.
Added to this, is the issue of criminal responsibility. Once again, some states do actively prohibit overpowering, and other states leave a door open to charges of criminal negligence, including charges such as negligent homicide.
So, the OP must ask himself, "are those extra horsepower worth the potenial pitfalls associated with them?"
used to work for an insurance company... i've seen all kinds of technicalities used to deny claims, but never once have heard of an overpowered boat being denied.
All this means is that you didn't see such a claim during the period in which you were an employee of an insurance company. It does not mean that insurance companies are not likely to deny a claim, based upon issues such as overpowering.
As a person who was in the insurance business for some period of time, I am sure that you are aware of the fact that there are typically exclusions for situations where laws are broken, or gross negligence on the part of the insured has occurred. Since many states have laws that specificly address overpowering boats, and prohibit doing so, these exclusionary triggers can be taken advantage of by the insurer. Further, even in states where there is no specific prohibition on overpowering, often times an operator can be cited for negligent operation, if the boat is overpowered. In such a case, the insurer can deny coverage under "blanket" exclusions pertaining to gross negligence.
Another very likely scenario from a liability standpoint, is a plaintiff's attorney establishing gross negligence in court, after an accident with injury and/or fatalities. Remembering that the rules of civil procedure are quite different than the rules of criminal procedure, and that lawsuits happen in civil court, the impact of showing a jury that a boat was highly overpowered, should be very obvious.
Added to this, is the issue of criminal responsibility. Once again, some states do actively prohibit overpowering, and other states leave a door open to charges of criminal negligence, including charges such as negligent homicide.
So, the OP must ask himself, "are those extra horsepower worth the potenial pitfalls associated with them?"