There you go. So, does DAN not consider a Blackbeard's boat to be a Common Carrier? I'm not sure what the relevant definition of that term is.
I have an upcoming Caribbean trip, a dog in this fight. And a DAN Annual Policy. I would like to be covered for any interruption / cancellation of the trip. Perhaps, I have some coverage under my policy.
What's a 'common carrier' ?
DAN's Annual Policy says
- COMMON CARRIER means any land, water or air conveyance, with scheduled and published departure and arrival times, operated under a license for the transportation of passengers for hire, not including taxicabs or rented, leased or privately owned motor vehicles.
Does the liveaboard require a license to transport passengers in the country where it operates or in the US? Well, I suspect the boat must be registered and perhaps the island nation requires registration/licensure to operate as a liveaboard (carrying passengers for hire). Would this do for a claim?
- Covered Events:
- Common Carrier delays and/or cancellations resulting from adverse weather, mechanical breakdown of the aircraft, ship, boat or motor coach that you were scheduled to travel on, or organized labor strikes that affect public transportation
How about language construction in US insurance contracts? As a general rule the terms of a contract should be given their plain and ordinary meaning, the primary rule of contract interpretation is to ascertain and give effect to the intent of the parties. Often given greater weight is the plain language of insurance contracts entered into with consumers. Perhaps, under this standard, a liveaboard charging passengers for the trip would result in a common carrier determination, regardless of the licensure issue.
Its not DAN that wrote the insurance, the policy I have and presumably the OP has is UNDERWRITTEN BY GENERALI US BRANCH.
Black's Law, What is A
COMMON CARRIER?
- a transporter that serves all public, follows a schedule, carries specified cargo, and is the carrier of the contract or carriage.
Sounds like a liveaboard to me. What do you think?
This is a state issue - where the insured resides and bought the policy. The first thing to do is submit your claim, after which you will get cash money or an explanation of why not. It would be interesting to receive a detailed written explanation of why Generali would not consider a liveaboard a 'common carrier'.
Not Paid? I would complain to the state insurance commissioner (whatever you state calls it) and see what they will do for you. In Colorado, the insurance division is consumer friendly. Other states, who knows.
I don't see arbitration specified as a remedy in the contract, so does his state allow small claims actions in insurance claim disputes? If so, its likely consumer friendly, split the baby justice, friendly to the claimant.
Most folks won't jump in and out of all the hoops necessary to press a claim.
Wouldn't hurt to call DAN - get an executive on the phone - and bellyache.