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Insurance Documents / Policy Wording etc

Discussion in 'Dive Insurance' started by Zeke XA3, Dec 4, 2019.

  1. Zeke XA3

    Zeke XA3 Instructor, Scuba

    # of Dives: 5,000 - ∞
    Location: Nassau - Bahamas
    240
    8
    18
    tursiops - thanks for the info

    JackD342 - Yeah i got nothing remotely like that at all!

    Still no answer and ive been working all day today so will see what next week brings
     
  2. rsingler

    rsingler Scuba Instructor, Tinkerer in Brass Staff Member ScubaBoard Sponsor

    # of Dives: 500 - 999
    Location: Napa, California
    3,572
    4,082
    113
    Same issue for me. Perhaps the most worrisome "endorsement" of this policy is this little one tucked in at the very end.
    I can understand not being covered in the event of "gross negligence", or intentional acts. But this endorsement seems to exclude coverage for unintentional human error which results in a mishap, and is successfully painted by the plaintiffs as "negligence". That's like every mishap. Why have insurance?
    Screenshot_20191209-110012_Dropbox.jpg

    I think I'm moving to DAN Insurance next year.
     
  3. flyboy08

    flyboy08 ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: NYC
    3,071
    1,942
    113
    Is professional services defined within the policy? If so, you need to add that in for context.
     
  4. rsingler

    rsingler Scuba Instructor, Tinkerer in Brass Staff Member ScubaBoard Sponsor

    # of Dives: 500 - 999
    Location: Napa, California
    3,572
    4,082
    113
    20191209_121744.jpg

    To add context to my comment above, if a physician is negligent in rendering care, he may be sued successfully. But his insurance company still pays out for his negligence, though they may not continue to insure him thereafter.

    Why does dive instruction appear to be different? Or am I misreading this endorsement?
    @Scuba Lawyer
     
  5. flyboy08

    flyboy08 ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 500 - 999
    Location: NYC
    3,071
    1,942
    113
    Yep, looks to me there is no coverage for exactly what your looking to have covered?

    Very odd.
     
  6. cerich

    cerich ScubaBoard Supporter ScubaBoard Supporter

    # of Dives: 5,000 - ∞
    Location: Georgia
    6,683
    3,581
    113
    In years (couple decades really) of reading scuba instructor liability insurance documents and so forth, one thing has been very clear to me. If they want out, they are out when it comes to defending you. What has really been weird is how differently that plays out, instructors are getting defended and settlements or judgement paid, where as in virtually every other field of insurance they wiggle out instead.
     
  7. Zeke XA3

    Zeke XA3 Instructor, Scuba

    # of Dives: 5,000 - ∞
    Location: Nassau - Bahamas
    240
    8
    18
    So it seems pretty standard for them to include everything but it not to stand up in court. A few landmark cases, this page was a good simple overview
    Alert Diver | Legal Liability in Diving
    some landmark cases and how the liability paperwork affected it and thus insurance.

    Ive had a first draft from up on high regarding that policy,

    " The policy is a master program policy that all members are insured by, one policy for all of the individual insureds, with separate liability limits applying to each certificate holder. The policy documents that you received are the complete policy documents (it is update every year, but as I mentioned we know our current technology output is not where it needs to be) that apply to your coverage. No other endorsements will be added or removed, without your knowledge. There are other endorsements that are part of the master policy but do not apply to your coverage (i.e. TecRec endorsement, SCUBA Fit endorsement, Cylinder Inspection Endorsement) so these endorsements are removed from the “2019-20 Individual PL Policy”. The additional two files you mentioned; 2019-20 PL Equipment Liability Endorsement is another endorsement that is part of the master policy but not included in the “2019-20 Individual PL Policy” file as every insured does not purchase this coverage; and the 2019-20 Individual AI Blanket Endorsement is included in the “2019-20 Individual PL Policy” file but we also attach it separately as a convenience because additional insureds often ask to see this endorsement when you provide your certificate to them. The “policy” is pages 4-24 of the “2019-20 Individual PL Policy” file. Your individual certificate acts as your declaration page; as this is a master policy and every insured (certificate holder) has different coverage / information the master policy declaration page does not accurately represent your coverage. The policy condition can be found on page 15 of the “2019-20 Individual PL Policy” file; Section IV – Professional Liability Conditions. The “2019-20 Individual PL Policy” file along with the “2019-20 PL Equipment Liability Endorsement” file and your Certificate of Insurance compromise the complete policy, conditions, exclusions, limits and definitions applicable to your coverage. "

    So ive asked for a little more clarification as since as i read it the whole of my policy is an endorsement since every part of the original policy that applies to me has been changed, so why they dont just issue me an actual policy instead of "you have X policy with the following changes which happen to be 100% of the policy" i dont know!

    FLYBOY08 - I cant switch to DAN as DAN cant cover me in court in the USA or Canada and although i don't work in USA, most of my clients are from there and i transit the USA a lot when traveling so not like i can just "avoid" the USA if i was sued from there.
     
  8. Zeke XA3

    Zeke XA3 Instructor, Scuba

    # of Dives: 5,000 - ∞
    Location: Nassau - Bahamas
    240
    8
    18
    So the last clarification i have is
    "You do bring up a good point that had not been questions previously, that the base policy form (pages 4-24) are listed as an “endorsement” when they are actually the base policy form."

    I have been told they are going to upgrade, improve and re word the documents for the next cycle (June/July 2020), though this means that either i am way to easily confused by insurance documents compared to everyone else or hundreds of people have taken this insurance out over the last few years and never read their documents!

    i feel a little better with the emails i have from the company but still underwhelmed by quality and presentation!
     
    fesguerra likes this.

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