KBV / AKSA Insurance Issue

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paradigm
paradigm
VIC
53 posts
VIC, 53 posts
19 Feb 2010 12:03pm
On 19 Feb 10, KBV made the following comment in a post to a discussion forum re self-regulation at Altona

kbv said...
And a final note to remind kiters that if they are in a zone not designated for kiting (beach or water) and have an accident then any form of insurance will not be valid.


KBV, could you please elaborate on this? The primary reason for my membership of your organisation is the insurance (of course, I'm also appreciative of the advocacy role you play).

Could you please identify what areas in Victoria are 'not designated for kiting (beach or water)'? I am aware of some oft discussed restrictions at St Kilda (outside the Sea Baths, close to the Jetty) and the recent discussions about the transition area at Altona. But are there other areas at say Brighton, Inverloch, Rosebud, Sandy Point, Port Melbourne (just to name a few places that I kite)?

Could you also please point me to the relevant paragraphs in the AKSA QBE Insurance Policy?

Sorry to be a pain, but this comment cause me much concern. What if I have an incident (say broken line) in a permissible zone that results in me being dragged into an area 'not designated for kiting' and causing injury to some third party in that zone? Would I then not be covered?

Looking forward to your response.

KiteboardingVic
KiteboardingVic
VIC
418 posts
VIC, 418 posts
19 Feb 2010 1:37pm
In general, if you are kiting (or learning kiting) in an area and dont have permission to be there (like a no go boating zone, or learning on a beach where instruction is not permitted), and have an accident, then the insurance company may not consider your claim.

Permission to be there is the crux then: As a vessel, you have the right to be in any boating zone (providing you adhere to the relevant rules (like 5-knot, right of way etc). Kiting zones are designated for our benefit (and allows us to exceed 5 knots etc) and also for the benefit of the public so that it can be made aware of potentially dangerous activities.

The rule is almost to be aware of no go zones - check the Parks Vic site for boating zones and restricted areas. And some rules like the 200m exclusion (or 5-knot) zone always apply and are documented there too.

As far as the insurance is concerned, your example would have to be considered by the underwriter (QBE) - seems a reasonable situation - they would probably also have to consider what control you had over the situation etc etc.
ericmb
ericmb
SA
77 posts
SA, 77 posts
19 Feb 2010 1:07pm
I d be interested as well in getting clarification.

Unless there is no list stating where its not allowed to go the statement from KBV cannot be valid?
KiteboardingVic
KiteboardingVic
VIC
418 posts
VIC, 418 posts
19 Feb 2010 1:40pm
The list exists - simply check the no-go, 5-knot and other restricted boating zones on the Parks Vic Site.

The guideline is that you have the responsibility of awareness. This rule is the same as applies to any boat owners, sailors, etc.

For instruction/schools this information is being compiled & provided by KBV (in conjunction with the schools and councils) BUT it is the responsibility of the student to check that schools/instructors have the appropriate permit with the instructor/school concerned.

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