Risk Shifting

A recent trend with some marinas including "risk shifting" language in their customer dock contracts that transfers the responsibility for defense and payment of claims to the boat owner and the boat's insurance policy, even when the cause of the accident and responsibility for the resulting damages rests with the marina or staff.

"Exculpatory Provisions" which attempts to hold the marina harmless for negligent activity, "due to fire, theft, vandalism, collision, marina equipment failure, windstorm, rain, hurricane or other casualty loss."

"Waiver of Subrogation," may prevent an insurance company from suing a marina or boatyard to recoup its claims payment after damage caused by the marina. Once the waiver is signed, a boat owner has in essence agreed that the marina isn't responsible if marina staff is negligent.

"Indemnification" applies to boating guests or invited workers. A boat owner agrees to defend the marina and pay any damages the marina may owe if one of these parties is injured - even if it's the marina's fault.

"Additional Named Insured" Clause asks the boat owner to add the marina as an additional insured on the boat policy at the owner's expense, essentially asking that the marina be protected the same way as the policyholder is. But note that it's the insurer that decides to add this coverage and at what cost. Don't assume the insurer will pay.