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Catalina/Capri 25/250 Sailor's Forums

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club affiliation

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MattL
Admiral

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USA
990 Posts

Initially Posted - 12/15/2004 : 03:22:21

Hi All,
I have a question for anyone in charge of racing and associations with you local clubs.
The local club I am in has a club house and dock facilities at a small local lake. We get a sweet deal, we are in charge of and maintaine the docks. Build new slips as we can, repair old ones. We also have a club house owned by the irrigation district (MID), they own the lake too. The club is beholding to MID for both parts. MID has had recent upper level changes. The new management has us under a carefull watch. They have a new lawyer too that wants to change the leae agreement. All this has made the board members of the club kind of skittish. With the new lawyer on their side and litigation abundant in our society. the board has asked the fleet captain of the local 22 fleet to find out about needs of any additional insurance that might be needed when they have their regettas. Included in this they wanted to know who would be responsible for any additional insurance fees that might be needed if a different orginazation uses our facilities. That is will our insurance cover it as is or is something else needed. Legaly who has to pay for this if any additonnal insurance is needed. The club or the visiting organization that is using the facility. The fleet uses our club name in their promotion, but they never asked permission to do this.
The local fleet captain wrote a question to the
Catalina 22 orgainzation complaining about the club board, not really telling tehm the full story, asking for advice on dealing with the club. I wrote a letter to all the people that had this leter forwarded to them. The lady brought a copy of the responses and a letter to the board to the club meeting this evening. I wasn't there but my wife was. Brigitte is the current vice comador and will be the comador at the start of the new year. I told her that I would write a letter here asking if anyone has any impute on this matter. I do not have the letters written to the cat 22 people, I guess I could copy it if anyone wanted to see it. Also if you want to see the letter I wrote to them I can email it to anyone asking.
Thanks for any imput.

PS it is late at night and I want to go to bed so please have mercy on all my spelling mistakes, they are not typos I can't spell fery welll.

Matt/Brigitte Loeffler
E.C. Rider 5411
Cat 25 86'
FK/SR _/)

Edited by - MattL on 12/16/2004 02:14:08

Champipple
Master Marine Consultant

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USA
6855 Posts

Response Posted - 12/15/2004 : 07:41:23

I am pretty sure each boat should be responsible for their own insurance. I believe this to be standard. The decision to race is alway left in the hands of each individual skipper, and it is their responsibility. Any accident that happens on the water, regardless of racing or just cruising would be viewed in this manner by the coast guard. (or your lakes governing authority). I know my insurance covers me while racing.

I'm not an insurance agent, nor a lawyer, I would recommend asking US Sailing for a more definitive answer.

dw

Edited by - on

aeckhart
Master Marine Consultant

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USA
1709 Posts

Response Posted - 12/15/2004 : 07:59:13

Matt,

Our club carries accident and liability regata insurance which covers each boat in a regatta, the race committee and boat, and all officers of the club if there is litigation concerning race activities, and other on/off-shore activites at our marina. While concern for repair of your vessel in case of an accident during a race is of importance to the skipper, club and committee liability may also arise, particularly if an accident occurs involving a non-race participant. We are also concerned if someone is injured while using our shore facilities, legally or not, and decides to sue. The club should protect itself to the maximum extent possible. I can get you information on the company and policy details if you would like.

Al
GALLIVANT #5801

Edited by - on

Derek Crawford
Master Marine Consultant

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USA
3324 Posts

Response Posted - 12/15/2004 : 09:54:11

Our club (Hill Country Yacht Club) carries additional insurance on their general policy which covers a specific number of races/regattas a year. It protects the Club, the Officers and the RC.
Each skipper entering a race signs a waiver holding the Club etc. harmless in case of accidents, and each boat must be insured - this insurance also covers the boat while racing.
Derek

Edited by - on

Steve Milby
Past Commodore

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USA
5933 Posts

Response Posted - 12/15/2004 : 09:56:32

This is a very complicated issue, but I think there are some basic considerations that the club ought to make, as a minimum. There are two main liability concerns. If the club has substantial and valuable assets, the club should protect it's assets. If the club is found liable for damages in a lawsuit, does the club actually own valuable property that could be seized and sold to pay the judgment? One purpose of insurance is to provide a pool of money from which a judgment could be paid without seizing and selling the tortfeasor's assets. If the club doesn't actually own substantial and valuable property, then it is "judgment proof." It's like the judgment that the family has against O.J. Simpson. The court says he owes them, but his assets can't be seized to pay it.

The second concern is that the club's members and officers should be insulated from personal liability for damages resulting from club activities. Sailing clubs are often loose associations of members which are controlled by the members at periodic meetings. To a significant extent, the members can be insulated from personal liability for the club's negligence if it is incorporated.

But, the club shouldn't be satisfied with covering its own behind, and those of its members. It should also make sure that there is a pool of insurance money that will compensate an injured person to a reasonable extent. The club could buy insurance, but that type of insurance is generally very expensive. Since most sailors carry their own insurance, the club can require that all racers must provide proof of liability insurance if they want to race, and they must sign a release of liability, releasing the club, its officers and members from any claims that might arise from racing activities.

There is no perfect protection from lawsuits in our society, but, if you take reasonable measures to protect yourselves as well as potential claimants, it will probably help satisfy that pesky lawyer.

Edited by - on

MattL
Admiral

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USA
990 Posts

Response Posted - 12/15/2004 : 12:11:10

Thanks to all who replied, I will take the information to our board members.

Edited by - on

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