Insurance Liability Questions

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hullscrubber - 30 Nov 2003 15:39 GMT

I'm a scuba instructor trying to understand the workings of dive
insurance. Perhaps someone on this group will have some personal
experience/knowledge in this matter. The resort I work for has a
standard commercial boat insurance policy with no coverage for
in-water activities. They also have a "store" insurance policy. It
is my belief that they have no in-water insurance coverage although
they claim to through their "umbrella" resort general liability
policy.
Their dive boat captain is not a DM or Instructor and hence has no
personal liability insurance.

Is it possible that any of their insurance policies (store, boat,
resort "umbrella") would cover an in-water injury to a snorkeler or
diver who was not being directly supervised by an insured
professional?

If not, what is their best course of action to obtain in-water
coverage other than making each dive boat captain an insured DM?

Would a special dive boat policy with in-water coverage of snorkeling
and swimming still require an insured DM to be supervising or just a
licensed captain?

What additional liability am I facing by directly supervising a diver
underwater while snorkelers are in the water that I obviously cannot
supervise? (I realize that my liability policy covers the diver I am
with underwater, but wonder about the implications of a snorkeler
injury/death if I am the only entity with any in-water coverage?)

Would it make any difference to any of the above if I were an employee
versus and independent contractor?

Thank you very much!

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Wdivekw - 30 Nov 2003 15:52 GMT

>From: hullscrubber@hotmail.com (hullscrubber)

>I'm a scuba instructor trying to understand the workings of dive
>insurance. Perhaps someone on this group will have some personal
[quoted text clipped - 11 lines]
>diver who was not being directly supervised by an insured
>professional?

An accident happened to a diver in the water that a friend was working on. The
boat insurance company was not liable, but my buddy was even though he wasn't
supervising the diver. His PADI insurance covered him, and proved he was not
at fault.

>If not, what is their best course of action to obtain in-water
>coverage other than making each dive boat captain an insured DM?
>
>Would a special dive boat policy with in-water coverage of snorkeling
>and swimming still require an insured DM to be supervising or just a
>licensed captain?

All the dive boats I'm familiar with require an insured DM as Captain.

>What additional liability am I facing by directly supervising a diver
>underwater while snorkelers are in the water that I obviously cannot
>supervise? (I realize that my liability policy covers the diver I am
>with underwater, but wonder about the implications of a snorkeler
>injury/death if I am the only entity with any in-water coverage?)

As the only one with insurance you would definitely get sued. It's up to the
Insurance Co's lawyers to handle it from there.

>Would it make any difference to any of the above if I were an employee
>versus and independent contractor?

Nope, anyone with insurance will be sued if there is an accident. Doesn't mean
you're at fault.

Reply to this Message

Dan Bracuk, CTHD - 30 Nov 2003 16:28 GMT

wdivekw@aol.com (Wdivekw) pounded away at his keyboard resulting in:

:All the dive boats I'm familiar with require an insured DM as Captain.

Which makes no sense at all. What you want is a boat driver, not a
DM.

Dan Bracuk
If at first you don't succeed, you run the risk of failure.
The Best of rec.scuba http://www.pathcom.com/~bracuk/RecScuba/

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e-shark - 30 Nov 2003 17:55 GMT

> Is it possible that any of their insurance policies (store, boat,
> resort "umbrella") would cover an in-water injury to a snorkeler or
> diver who was not being directly supervised by an insured
> professional?

There is no way to answer your question accurately without looking at the
insurance policies.

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srspencer@hotmail.com - 01 Dec 2003 03:56 GMT

>> Is it possible that any of their insurance policies (store, boat,
>> resort "umbrella") would cover an in-water injury to a snorkeler or
[quoted text clipped - 3 lines]
>There is no way to answer your question accurately without looking at the
>insurance policies.

This would be the most accurate advice.

The other from someone who's been there in Canada.

The shop / boat is hiding behind you, that's why they contract it out.
They are trying to limit their liability.

If there is a problem the lawyers will look at every one’s pockets
that were there and go for the deepest.
Carrying insurance protects you from a legal defense bill in such
cases.
But, big but check you agencies coverage and rules.
You may have to have a wavier signed.
You may have to be employed by the victim
You might even need a DM and a safety diver.
The vessel may have to be CG approved.
I know with my agency, there isn’t a hope in hell you’d be covered.
There is too many rules / loop holes for the insurance company to
wiggle out.

The good Samaritan act doesn’t provide a lawyer.
And is more aimed at nonprofessionals.
As an instructor your consider a professional so it could be argued
that the Good Samaritan Act doesn't apply.
In Quebec the rules are different in these matters you have even less
ground to stand on.
So you will have to foot your own defense fund reguardless in Canada
for divers you might help outside the group you accepted to care for.

That’s why I would only teach within a club and within the club rules
as well as the agencies.
Then run strictly by the book.

T

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