cisco said...
The "public liability insurance worm" is insidiously winding it's way into the sport. Apparently the "Hunter Hawk's Blokart Bay" race track is only available to land yachts that have manufacturer's liability insurance.
If competing in land yachting events is going to require all yachts carry a manufacturer's liability insurance which is available only to "commercially manufactured yachts" it is no longer a sport. It is just another business whose primary goal is to make a monetary profit.
Is that what the majority of us want???? Not me.
So on the subject of "manufacturer's liability insurance", what is the process by which the insurers grant it??? Has the subject yacht been subjected to independant and rigourous testing to ensure it's breaking load has an acceptably safe margin over it's working load.
I seriously doubt it. Who is to say that a commercially built yacht is safer than an amateur built yacht???
If it goes down the track of "manufacturer's liability insurance", you can forget about innovation and creativity in the development of land yachts!!!
Laws are written by Lawyers for the enrichment of Lawyers.[}:)]
In order for an insurance company to grant any insurance, they must be able to assess the risk. Risk is linked to the probability and size of a payout and is therefore linked to the premium that is needed to be charged.
Theoretically, anyone can get "manufacturer's liability insurance" as long as the insurance company has a way of assessing the risk. With blokarts, Standarts, and so on, there are enough manufactured for a risk assessment to be able to be done. No, they don't have to physically test it, just use what my father once referred to as "the laboratory of life". If 5,000 units have been manufactured and not one has had a chunk break off and hit someone, the insurance company can know that they are unlikely to be up for a flood of claims. I suspect that in its early days, even blokart International would have had trouble getting cover until it had established a track record.
The problem is that for a homebuilt, where is the track record? How does the insurance company know that the builder knew how to do a proper weld? Of course, if you were a home builder and made a lot of landyachts and did manage to establish a track record of quality, you probably would be able to get insurance.
Does this imply that homebuilts are worse than manufactured landyachts? Of course not. Some will be better and some will be worse. The problem is, the insurer has no way of knowing. Manufactured landyachts have one thing in their favour - consistency. A one-off landyacht cannot have that.
I agree that insurance is a pain. Unfortunately, it is a necessary pain. You can sail without it, but you take the risk personally. I know of no club that has any personal injury insurance, so if you break your neck in a Lake Lefroy Mini or a blokart, that's your own problem. If you accept that risk (and in fact, we all do by our participation in this sport), then if you stay away from other people and property when sailing your homebuilt, you can eliminate the risk.