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      • California Humpbacks Perform Rare 'Triple Breach' (Video)
      • Betrayal in Georgia? Anchoring Rules Appear Worse Than Ever
      • Ga. Wreck Removal Delayed Again: Anchor SNAFU
      • Chesapeake's Tangier Island: Enjoy it While You Can
      • Robert Peek, Beloved Deep Creek Lockmaster, Has Died
      • U.S. Agency Warns of GPS Interference
      • Rudy and Jill's ICW Tips
      • A TT35 Day at the Sausage Factory
      • Cat or Monohull Sailboat Versus a Trawler (Images, Long)
      • Loopers Warned To Linger Post-Sally
      • Coast Guard Shallow Draft Navigation Survey
      • Forget Lithium for a Moment: Why Old-Fashioned Batteries Explode
      • Tracking Hurricane Laura Live (Streaming Video)
      • The Downsides of Cruising (Comprehensive)
      • Circumnavigator Who Eschewed Instruments Dies at 104
      • Maritime Liens: Don't Let Your Boat Get 'Arrested'
      • Gulf Stream Is Slowing Down
      • Attention Cruisers, Perseids Meteor Shower Peaks Next Week
      • Ladies Publish Great Loop Tell-All
      • New NOAA Model Forecasts Another Sahara Dust Cloud Arriving This Week (Animation)
      • TT35 Demonstrations Set for Next Week
      • Prep for a Busy Hurricane Season
      • It's a Marina! It's a Mooring! No, It's a French Design (Video)
      • Giant Floating Chain Saw To Rip Up Wrecked Car Carrier off ICW
      • Lock Sked Final: Great Loop Doable, But...
      • Georgia Caves, Defangs Draconian Anchoring Law
      • Heads Up, Boaters: Here Comes the Red Dust from Africa
      • Bahamas Changes It's Mind: Keeps Covid Test Requirement
      • Insurance? Tell All or Risk Claim Denial
      • Gulf 'Dead Zone' Bigger Than Connecticut
      • GPS Spoofing Mystery: AIS Crop Circles & Ghost Ships
      • Yanmar To Install Fuel Cell Propulsion in Boats
      • Bahamas To Boaters: Welcome Back, Wear a Mask
      • Covid Concerns Fuel Coast Guard Retention Drive
      • Birthday Gift for Her 70th, a TT35
      • Above Average Hurricane Season Forecast
      • Foreign Boaters Get Some Relief as Restrictions Eased
      • Catalina Island Reopened for Arriving Boats
      • When a Boat Isn't: Supreme Court Decides
      • Coast Guard Adopting 'i911' for Your Location
      • Makeover: Storm Early Warning System Explained (Video)
      • The Reality of Quarantine in Paradise
      • 92-Footer Sinks Off California
      • New York to Loopers: You May Be Out of Luck
      • Badass Origins of Boating Law
      • Can Cannabis Save Florida Waterways?
      • Tale of a Terrible Boat
      • Boating and Social Distancing (Video)
      • Powering Through a Mexican Gale
      • Bahamas Says Stay Away, Get Out
      • Composting Heads Are a Good Option
      • TT35 Ad Campaign: The Un-Tug
      • Coronavirus Song: 'Drone Shot of My Yacht'
      • Smuggler's Run: Florida's Own 'Mini-Loop'
      • Virtual Tours of Old Ironsides
      • BoatUS to Gulfport, Don't Break Law
      • Luperon's Swimming Robber or Maybe Not
      • Georgia Begins Undoing Anchoring Ban
      • Gulfport Joins the War Against Cruisers
      • Video on D.R. Consulting Gig
      • Reward Increased in Hunt for Dolphin Killer
      • Our Favorite Fugitive Arrives in Mexico
      • Humungous Crane To Slice Up Wrecked Car Carrier
      • Avoid Getting Screwed by Georgia; Just Go Around
      • Radar Detects 'Fowl' Weather in Keys
      • Old Abe the Naval Architect
      • $20,000 Reward in Dolphin Killings
      • Great Lakes Search for Sunken Planes
      • Great Harbour Advises D.R. Boatbuilder
      • Despite Sewage Apocalypse, Mayor Blames Boaters
      • Loopers Will Need NY Certificates
      • Dorian Dog Story 'Spiked'
      • $209,000 for 61-Foot Hatteras MY
      • Refloating Effort Progress
      • Free Bahamas Cruising Guide
      • New Florida Anchoring Bans
      • Propane Fire
      • Psychedelic Fibers Advance Knot Theory (Video)
      • Wanted on the Waterways 1/4/2020
    • Ken Fickett's Blogs
    • Cruising in the Time of Covid: Think Outside The Loop
  • Owners
    • Moving Aboard
    • The Odyssey Begins
    • The Search For Adventure
  • Home
  • About
    • A Family Affair >
      • Ken Fickett
      • Becky Fickett
      • Travis Fickett
      • Jessica Fickett
    • Mirage Manufacturing
    • Factory Support
    • Careers
    • Contact
  • Boats
    • TT35 >
      • TT35 Specifications
      • TT35 Key Features
      • TT35 Design Discussions
      • Towing Resources
      • PRESS
    • N37 >
      • N37 Specifications and Layout
      • N37 Photo Gallery
      • N37 Brochure
    • GH37 >
      • GH37 Specifications and Layout
      • GH37 Photo Gallery
      • GH37 Brochure
    • N47 >
      • N47 Specifications and Layout
      • N47 Photo Gallery
      • N47 Brochure
    • GH47 >
      • GH47 Specifications and Layout
      • GH47 Photo Gallery
      • GH47 Brochure
    • GH74
  • Great Design
    • Trawler Truths >
      • Trawler Truth 1
      • Trawler Truth 2
      • Trawler Truth 3
      • Trawler Truth 4
      • Trawler Truth 5
      • Trawler Truth 6
      • Trawler Truth 7
    • Design Discussions >
      • Twins vs Single
      • Shoal vs deep draft
      • Stability vs Ballast
      • Fishtail Rudders
      • Space Age Core
      • Core Materials
      • Unsinkability
    • Economy
    • Our Naval Architect
  • Construction
    • Lamination
    • Interior
    • Rigging
  • Trawler Times
    • News >
      • California Humpbacks Perform Rare 'Triple Breach' (Video)
      • Betrayal in Georgia? Anchoring Rules Appear Worse Than Ever
      • Ga. Wreck Removal Delayed Again: Anchor SNAFU
      • Chesapeake's Tangier Island: Enjoy it While You Can
      • Robert Peek, Beloved Deep Creek Lockmaster, Has Died
      • U.S. Agency Warns of GPS Interference
      • Rudy and Jill's ICW Tips
      • A TT35 Day at the Sausage Factory
      • Cat or Monohull Sailboat Versus a Trawler (Images, Long)
      • Loopers Warned To Linger Post-Sally
      • Coast Guard Shallow Draft Navigation Survey
      • Forget Lithium for a Moment: Why Old-Fashioned Batteries Explode
      • Tracking Hurricane Laura Live (Streaming Video)
      • The Downsides of Cruising (Comprehensive)
      • Circumnavigator Who Eschewed Instruments Dies at 104
      • Maritime Liens: Don't Let Your Boat Get 'Arrested'
      • Gulf Stream Is Slowing Down
      • Attention Cruisers, Perseids Meteor Shower Peaks Next Week
      • Ladies Publish Great Loop Tell-All
      • New NOAA Model Forecasts Another Sahara Dust Cloud Arriving This Week (Animation)
      • TT35 Demonstrations Set for Next Week
      • Prep for a Busy Hurricane Season
      • It's a Marina! It's a Mooring! No, It's a French Design (Video)
      • Giant Floating Chain Saw To Rip Up Wrecked Car Carrier off ICW
      • Lock Sked Final: Great Loop Doable, But...
      • Georgia Caves, Defangs Draconian Anchoring Law
      • Heads Up, Boaters: Here Comes the Red Dust from Africa
      • Bahamas Changes It's Mind: Keeps Covid Test Requirement
      • Insurance? Tell All or Risk Claim Denial
      • Gulf 'Dead Zone' Bigger Than Connecticut
      • GPS Spoofing Mystery: AIS Crop Circles & Ghost Ships
      • Yanmar To Install Fuel Cell Propulsion in Boats
      • Bahamas To Boaters: Welcome Back, Wear a Mask
      • Covid Concerns Fuel Coast Guard Retention Drive
      • Birthday Gift for Her 70th, a TT35
      • Above Average Hurricane Season Forecast
      • Foreign Boaters Get Some Relief as Restrictions Eased
      • Catalina Island Reopened for Arriving Boats
      • When a Boat Isn't: Supreme Court Decides
      • Coast Guard Adopting 'i911' for Your Location
      • Makeover: Storm Early Warning System Explained (Video)
      • The Reality of Quarantine in Paradise
      • 92-Footer Sinks Off California
      • New York to Loopers: You May Be Out of Luck
      • Badass Origins of Boating Law
      • Can Cannabis Save Florida Waterways?
      • Tale of a Terrible Boat
      • Boating and Social Distancing (Video)
      • Powering Through a Mexican Gale
      • Bahamas Says Stay Away, Get Out
      • Composting Heads Are a Good Option
      • TT35 Ad Campaign: The Un-Tug
      • Coronavirus Song: 'Drone Shot of My Yacht'
      • Smuggler's Run: Florida's Own 'Mini-Loop'
      • Virtual Tours of Old Ironsides
      • BoatUS to Gulfport, Don't Break Law
      • Luperon's Swimming Robber or Maybe Not
      • Georgia Begins Undoing Anchoring Ban
      • Gulfport Joins the War Against Cruisers
      • Video on D.R. Consulting Gig
      • Reward Increased in Hunt for Dolphin Killer
      • Our Favorite Fugitive Arrives in Mexico
      • Humungous Crane To Slice Up Wrecked Car Carrier
      • Avoid Getting Screwed by Georgia; Just Go Around
      • Radar Detects 'Fowl' Weather in Keys
      • Old Abe the Naval Architect
      • $20,000 Reward in Dolphin Killings
      • Great Lakes Search for Sunken Planes
      • Great Harbour Advises D.R. Boatbuilder
      • Despite Sewage Apocalypse, Mayor Blames Boaters
      • Loopers Will Need NY Certificates
      • Dorian Dog Story 'Spiked'
      • $209,000 for 61-Foot Hatteras MY
      • Refloating Effort Progress
      • Free Bahamas Cruising Guide
      • New Florida Anchoring Bans
      • Propane Fire
      • Psychedelic Fibers Advance Knot Theory (Video)
      • Wanted on the Waterways 1/4/2020
    • Ken Fickett's Blogs
    • Cruising in the Time of Covid: Think Outside The Loop
  • Owners
    • Moving Aboard
    • The Odyssey Begins
    • The Search For Adventure
Picture
Picture Maritime attorney Todd Lochner of Annapolis, Maryland, has agreed to let us share a series of his articles about various facets of boating law as posted at his website boatinglaw.com. This is the third installment in that series.
The Importance of Disclosure in Buying Boat Insurance
From BOATINGLAW.COM

Marine Insurance covers so many different situations that it tends to defy simple explanation -- from a Court's perspective, the risks faced by a ship are very different than those faced by a small runabout. But from an insurance perspective, these vessels are often covered by the same general coverage, and subject to the same general exclusions.

Generally, the courts will look at an insurance policy, review its terms, and attempt to apply the words' "ordinary meaning and effect." Ordinary meaning, however, tends to have a slippery quality in maritime discussions, since there has been hundreds of years of discussion of certain words by the courts. Wake damage, unexplained disappearance, allision, operator negligence, lost cargo, injured passengers, sinking in calm seas -- all of these differing types of claims will likely lead to differing results even under a single contract. Under different contracts, the results become even more difficult to predict. Much will depend on the sophistication of the surveyors, salvors, lawyers and other professionals that have been assigned to the claim.


Nevertheless, there are a few general principles that a vessel owner should keep in mind with respect to marine insurance. For someone seeking coverage, the most important concept is known as uberrimae fidei, or the duty of absolute good faith concerning the contract. Under this doctrine, the failure to reveal a material fact (such as a prior sinking or questionable hull survey) can be grounds for the termination of the policy. If your boat sinks, and the insurer finds that there were omissions in the application, the adjuster may not pay the claim.

The next most important thing is to read the contract, and determine what duties and limitations are placed on the owner/operator. Are there navigational restrictions? Are you prohibited from taking passengers? Are you required to have certain equipment, or to notify the insurance company at any time that significant repairs are undertaken? If there are requirements set out in the contract, it will be important to have met them in the event of a claim. If you are giving notice to an insurance company under a contract, give the notice in writing.

A policy of marine insurance, particularly a hull policy, is categorized by the extent of the risks that it covers. Some policies cover everything, unless specifically excepted. Such policies are known as "all risks" policies. There is always coverage for the boat, even in the event of operator negligence, unless the owner operator violates one of the conditions of the contract. What are the conditions? The contract will say, but maintaining the vessel in seaworthy condition is often mentioned. Cooperating with the insurance company's investigation is also important.

The opposite end of the spectrum from "all risks" contracts, are those that only cover "enumerated perils." Enumerated perils covers those items that are specifically stated, and no others. One might think that this would simplify matters, but one of the most common clauses reads as follows:

"Touching the Adventures and Perils which the Underwriters are contented to bear and take upon themselves, they are of the Seas, Men-of-War, Fire, Lightning, Earthquake, Enemies, Pirates, Rovers, Assailing Thieves, Jettisons, Letters of Mart and Counter-Mart, Surprisals, Takings at Sea, Arrests, Restraints and Detainments of Kings, Princes and Peoples, of what nation, condition or quality soever...." As one can see, this clause leaves plenty of room for debate as to what is covered and what is not covered under the policy.
​

The best advice in dealing with a question about marine insurance is to read the contract, then read it again. It is easy to make a mistake, and purchase coverage that does not meet the needs of the purchaser. It is equally easy, in the event of a loss, to state the claim in terms that are not covered. Even after reading the contract, however, do not forget that many terms in the contract will have a long history in maritime law. If there is a dispute, consult an attorney that can present your case in the best possible light, with the support of controlling legal authority.

Read Installment 1: Richard the Lionheart's Influence on Today's Maritime Law
Read Installment 2: When a Boat Isn't a Boat

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