Legal Question in Personal Injury in California

Hi, I have a question regarding liability. I was out with a friend last weekend on his 40 foot yacht fishing the local islands. There were four of us total. Long story short on the way back in my friend fell asleep upstairs at the helm and we ran up on the rocks on the backside of Catalina. No one was badly hurt however when the coast guard came to help us they wouldn’t let us take any of our gear with us. I had over $3,000 in fishing poles and tackle. In any event the coast guard told us we could pick up our gear wherever they tow the boat to. So we all took off with the coast guard. Well no one ever came back to tow the boat and the vessel broke up on the rocks throughout the night and there is now nothing left.

Problem is my friend has no coverage for fishing gear and personal items. He does have liability insurance for $300,000.00 and collision. Does the coverage he has for no gear mean his gear or does that mean everyone on the boats gear? I think his liability coverage should cover my gear and I was thinking about calling up his insurance and making a claim. Do I have a chance?

Thank you for your time.

Jeff


Asked on 6/19/19, 6:32 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Unfortunately for you, no means no. Gear is 'excluded' from coverage if you are accurate in your story.

You can try to make an insurance claim, it can't hurt to try, but they will probably tell you the same thing. Your friend / boat owner might be personally liable for your loss if you sued in Small Claims Court, but his insurance does not appear to cover it.

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Answered on 6/19/19, 8:57 am

I disagree with the previous answer. The question can’t fully be answered without reviewing the policy, but a gear exclusion in the casualty section of the policy which covers the insured’s boat and property, would not automatically extend to the indemnity coverage which applies to his liability to other people for his negligence.

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Answered on 6/20/19, 3:08 pm


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