Page 28: of Marine News Magazine (November 2016)

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INSURANCE

T S U cense temporarily in the crosshairs.

HE TORY NRAVELS

At ? rst light the next morning, a damaged jet ski was While this incident ultimately ended satisfactorily for recovered from the area of the incident bearing signi? - this falsely accused professional inland mariner who had cant damage to its right side from what appeared to be a his own license insurance policy and immediate access to sideswipe collision or allision with another vessel or ? xed counsel and representation, it’s sadly more the exception object. Further investigation led to the discovery of signi? - than the rule in many David (recreational boater/PWC cant damage to the vertical posts at the end of one of the operator) versus Goliath (professional mariner) encounters small docks in front of one of the ? shing shacks lining the in which the latter is held to a much higher standard of shore in the vicinity where the previous night’s encoun- care to the point where many often believe they are per- ter had taken place. Ownership of the damaged PWC was ceived to be ‘guilty until proven innocent.’ tracked to a local teenager who readily acknowledged be- It’s an unfortunate reality, but one that every prudent ing out on the channel riding his jet ski the night before Coast Guard license holder must consider when deciding with a group of his friends. how best to protect his or her license, livelihood and pro-

Eventually, he admitted ‘buzzing’ the tug/barge combi- fessional reputations.

nation the night before, but that his uninsured PWC had sustained the damage and became disabled after striking Editor’s Note the end of an unlit dock which extended out into the chan-

In a former life as a marine surveyor in the 1980’s and 1990’s, nel about 15 feet. That PWC/dock allision occurred 5 to this Editor saw the proliferation of PWC’s in crowded waters, 10 minutes after the larger vessels had cleared the area. He operated by recreational users, often with very little boating experience, and this gave rise to a robust (and presumably ? nally admitted that he asked one of his friends to call his busy and lucrative) Admiralty law specialty that exists to this dock allision in to the Coast Guard as a collision with the day. PWC accidents, unfortunately, are not uncommon. mini-? otilla in a fraudulent scheme to get some insurance money to repair his jet ski. These new facts prompted the

Coast Guard to get the local law enforcement authorities involved who initiated their own investigation of the two teens who concocted the ill-conceived scheme.

Randy O’Neill is Senior Vice President with Lancer Insurance Company and has

ESSONS EARNED

L L been Manager of its MOPS Marine License

Insurance division since 1984. Over the past 29

While relieved to be exonerated of any involvement in years, Mr. O’Neill has spoken and written on the incident by the teenagers coming clean on what really many occasions on the importance of USCG license protection. happened, the still furious captain decided to work with

He is a regular contributor to MarineNews magazine. the local authorities to enable them to prosecute the boys

He can reached at: [email protected] for their folly which put his U.S. Coast Guard-issued li- th

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