An Introduction to the Underwriting
of Yachts & Pleasure Craft
by Dr Nicholas G. Berketis
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 1
The Underwriting of Yachts &
Pleasure Craft
 Definitions
 Insurance Conditions
 Underwriting Guidelines
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 2
Definitions of Yachts
 17th Century: small sailing vessel used for carrying
passengers;
 18th / 19th Centuries: light sailing or steam vessel
used either for pleasure or for racing;
 Today: private pleasure and / or sporting activities.
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 3
Insurance Conditions
 Institute Yacht Clauses 1/11/85 and ancillary clauses
 Note: Except when an Insurer insists, it is not
compulsory to use the Institute Yacht Clauses
1/11/85
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 4
Clause 2 – In Commission and Laid up
 Vessel is free to navigate
 Laid up: Vessel is covered while laid up out of
commission
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 5
Clause 3 – Navigating and Charter
Hire Warranties
 Navigating limits are restricted
 If beyond navigating limits: Assured to promptly
inform the Insurer
 Vessel only used for private pleasure purposes
unless specially agreed by Underwriters
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 6
Clause 5 – Speed Warranty
 Warranted designed speed limited to 17
knots
 Should Underwriters agree to delete the
above warranty: cover according to Clause
19 (Speedboat)
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 7
Clause 9 – Perils (1 / 3)
 Not an “All Risks” cover
 Only named perils are covered
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 8
Clause 9 – Perils (2 / 3)
This insurance covers loss of or damage to the vessel
caused by:
 Perils of the seas, rivers, lakes or other navigable waters
 Fire
 Jettison
 Piracy
 Contacts with dock or harbour equipment/installation, land
conveyance, aicrafts or similar objects falling therefrom
 Earthquake, volcanic eruption or lightning
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 9
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 10
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 11
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 12
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 13
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 14
 https://youtu.be/pZ9zeQu39EQ
 https://youtu.be/0l5C7gQZSOA
Clause 9 – Perils (3 / 3)
Provided not resulted from want of due
diligence by the Assured, Owners or Managers
 Accidents in loading, discharging, moving
gear etc.
 Explosions
 Malicious acts
 Theft of entire vessel (securely locked),
theft of machinery / gear / equipment
following forcible entry
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 15
Clause 10 – Exclusions (1 / 3)
 Outboard motor dropping off or falling overboard
 Generally accepted
 Ship’s boat exceeding 17 knots
 Can be covered (clause 19 apply)
 Ship’s boat not permanently marked with name of
parent vessel
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 16
Clause 10 – Exclusions (2 / 3)
 Motor and connections (damage due to heavy
weather)
 Machinery Damage Extension Clause (Cl. 332)
 Sails and protective covers
 Limited cover granted (clause 10.4)
 Sails, masts, spars or standing and running rigging
whilst racing
 Limited cover granted (clause 10.5)
 Racing Risk Extension Clause (Cl. 330)
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 17
Clause 10 – Exclusions (3 / 3)
 Personal Effects
 Personal Effects Clause (Cl. 333)
 Consumable stores, fishing gear or moorings
 Sheathing or repairs thereto
 Limited cover granted (Clause 10.8)
 Loss and expenditure to remedy in faulty design or
cost incurred by betterment / alteration in design of
construction
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 18
Clause 11 – Liabilities to Third
Parties (1 / 5)
This clause only to apply when a sum is stated
for this purpose in the Schedule to the policy
 TPL insurance is not compulsory (except in
some countries)
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 19
Liabilities to Third Parties ( 2 / 5)
Cover for legal liability only in respect of:
 loss / damage to any other vessel or property
whatsoever
 loss of life, personal injury or illness
 removal of wreck / cargo
 legal costs
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 20
Liabilities to Third Parties (3 / 5)
 Separated from H&M cover;
 Claims are recoverable in addition to any
other claims even in addition to a total loss;
 Loss must be added to any other partial loss
claims.
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 21
Liabilities to Third Parties (4 / 5)
EXCLUSIONS:
 accident and/or illness covered under Workmen’s
Compensation or Employer’s Liability
 any boat belonging to the vessel with a maximum
designed speed of 17 knots (unless specifically
covered)
 punitive or exemplary damages
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 22
Liabilities to Third Parties (5 / 5)
EXCLUSIONS:
11.6.3Water skiing or aquaplanning
11.6.4Sportsactivities
Can be reinstated:
 Water-Skiers Liabilities Clause
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management
23
Underwriting Guidelines
INFORMATIONREQUESTED:
1. Name of Assured;
2. Name & type & year of built of yacht insured;
3. Subject matter insured (H&M etc, TPL, etc.);
4. Sum Insured and Insured Value;
5. Times and date of attachment and termination;
6. Navigation limits agreed with the Insurer;
7. Period of lay-up if any agreed with the Insurer;
8. Clauses that form part of the contract;
9. Any other conditions, additional clauses or warranties agreed and/or by
the Insurers;
10. Always apply a deductible;
11. Split of Sum Insured (Hull, engines, tenders and equipment);
12. TPL cover not to exceed twice the Sum Insured for H&M
13. Recent survey;
14. Statistics (premium / losses) over a 5 year period.
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 24
Sources
Hudson, Geoffrey N., Madge, Tim & Sturges,
Keith, (2012), “Marine Insurance Clauses”, Fifth
Ed., Informa Law
ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS,
MSc in International Shipping, Finance and Management 25

Yacht Insurance.pdf

  • 1.
    An Introduction tothe Underwriting of Yachts & Pleasure Craft by Dr Nicholas G. Berketis ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 1
  • 2.
    The Underwriting ofYachts & Pleasure Craft  Definitions  Insurance Conditions  Underwriting Guidelines ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 2
  • 3.
    Definitions of Yachts 17th Century: small sailing vessel used for carrying passengers;  18th / 19th Centuries: light sailing or steam vessel used either for pleasure or for racing;  Today: private pleasure and / or sporting activities. ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 3
  • 4.
    Insurance Conditions  InstituteYacht Clauses 1/11/85 and ancillary clauses  Note: Except when an Insurer insists, it is not compulsory to use the Institute Yacht Clauses 1/11/85 ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 4
  • 5.
    Clause 2 –In Commission and Laid up  Vessel is free to navigate  Laid up: Vessel is covered while laid up out of commission ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 5
  • 6.
    Clause 3 –Navigating and Charter Hire Warranties  Navigating limits are restricted  If beyond navigating limits: Assured to promptly inform the Insurer  Vessel only used for private pleasure purposes unless specially agreed by Underwriters ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 6
  • 7.
    Clause 5 –Speed Warranty  Warranted designed speed limited to 17 knots  Should Underwriters agree to delete the above warranty: cover according to Clause 19 (Speedboat) ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 7
  • 8.
    Clause 9 –Perils (1 / 3)  Not an “All Risks” cover  Only named perils are covered ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 8
  • 9.
    Clause 9 –Perils (2 / 3) This insurance covers loss of or damage to the vessel caused by:  Perils of the seas, rivers, lakes or other navigable waters  Fire  Jettison  Piracy  Contacts with dock or harbour equipment/installation, land conveyance, aicrafts or similar objects falling therefrom  Earthquake, volcanic eruption or lightning ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 9
  • 10.
    ATHENS UNIVERSITY OFECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 10
  • 11.
    ATHENS UNIVERSITY OFECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 11
  • 12.
    ATHENS UNIVERSITY OFECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 12
  • 13.
    ATHENS UNIVERSITY OFECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 13
  • 14.
    ATHENS UNIVERSITY OFECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 14  https://youtu.be/pZ9zeQu39EQ  https://youtu.be/0l5C7gQZSOA
  • 15.
    Clause 9 –Perils (3 / 3) Provided not resulted from want of due diligence by the Assured, Owners or Managers  Accidents in loading, discharging, moving gear etc.  Explosions  Malicious acts  Theft of entire vessel (securely locked), theft of machinery / gear / equipment following forcible entry ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 15
  • 16.
    Clause 10 –Exclusions (1 / 3)  Outboard motor dropping off or falling overboard  Generally accepted  Ship’s boat exceeding 17 knots  Can be covered (clause 19 apply)  Ship’s boat not permanently marked with name of parent vessel ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 16
  • 17.
    Clause 10 –Exclusions (2 / 3)  Motor and connections (damage due to heavy weather)  Machinery Damage Extension Clause (Cl. 332)  Sails and protective covers  Limited cover granted (clause 10.4)  Sails, masts, spars or standing and running rigging whilst racing  Limited cover granted (clause 10.5)  Racing Risk Extension Clause (Cl. 330) ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 17
  • 18.
    Clause 10 –Exclusions (3 / 3)  Personal Effects  Personal Effects Clause (Cl. 333)  Consumable stores, fishing gear or moorings  Sheathing or repairs thereto  Limited cover granted (Clause 10.8)  Loss and expenditure to remedy in faulty design or cost incurred by betterment / alteration in design of construction ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 18
  • 19.
    Clause 11 –Liabilities to Third Parties (1 / 5) This clause only to apply when a sum is stated for this purpose in the Schedule to the policy  TPL insurance is not compulsory (except in some countries) ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 19
  • 20.
    Liabilities to ThirdParties ( 2 / 5) Cover for legal liability only in respect of:  loss / damage to any other vessel or property whatsoever  loss of life, personal injury or illness  removal of wreck / cargo  legal costs ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 20
  • 21.
    Liabilities to ThirdParties (3 / 5)  Separated from H&M cover;  Claims are recoverable in addition to any other claims even in addition to a total loss;  Loss must be added to any other partial loss claims. ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 21
  • 22.
    Liabilities to ThirdParties (4 / 5) EXCLUSIONS:  accident and/or illness covered under Workmen’s Compensation or Employer’s Liability  any boat belonging to the vessel with a maximum designed speed of 17 knots (unless specifically covered)  punitive or exemplary damages ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 22
  • 23.
    Liabilities to ThirdParties (5 / 5) EXCLUSIONS: 11.6.3Water skiing or aquaplanning 11.6.4Sportsactivities Can be reinstated:  Water-Skiers Liabilities Clause ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 23
  • 24.
    Underwriting Guidelines INFORMATIONREQUESTED: 1. Nameof Assured; 2. Name & type & year of built of yacht insured; 3. Subject matter insured (H&M etc, TPL, etc.); 4. Sum Insured and Insured Value; 5. Times and date of attachment and termination; 6. Navigation limits agreed with the Insurer; 7. Period of lay-up if any agreed with the Insurer; 8. Clauses that form part of the contract; 9. Any other conditions, additional clauses or warranties agreed and/or by the Insurers; 10. Always apply a deductible; 11. Split of Sum Insured (Hull, engines, tenders and equipment); 12. TPL cover not to exceed twice the Sum Insured for H&M 13. Recent survey; 14. Statistics (premium / losses) over a 5 year period. ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 24
  • 25.
    Sources Hudson, Geoffrey N.,Madge, Tim & Sturges, Keith, (2012), “Marine Insurance Clauses”, Fifth Ed., Informa Law ATHENS UNIVERSITY OF ECONOMICS AND BUSINESS, MSc in International Shipping, Finance and Management 25