Insurance.--
Yachts are generally insured against fire, but
probably not more than half are insured against the
risks of the sea when in commission. The rates vary
from 5s. to 10s. 6d. per cent. par month on the
amount insured, according to the nature of the
voyage, the condition of the yacht, and the time of
year. Also if the owner desires a £20 damage
clause in the policy a higher rate must be paid, so
also if the yacht is insured against the risks of
yacht racing.
Compared with ordinary shipping insurances, the
risks on yachts are very light. They are, almost
without exception, well found, sufficiently manned,
and perfectly seaworthy; and, as a rule, they avoid
bad weather as much as possible. Except in rare
cases, a yachting skipper is not compelled to drive
on in the face of heavy weather. He is not
generally tied to time in making a passage, and his
owner does not look askance at him if he lies in
harbour a few days waiting until an improvement
takes place in the weather.
As a general rule, serious casualties to yachts
are not frequent, and total losses are,
fortunately, rare. Of course, with the largely
increased number of yachts afloat, they do now and
then happen, and the wreck of the Nyanza, of the
Clarissa, and the Caterina, and the sad accident by
which Lord Cantelupe lost his life, are instances
in point. But still it must be admitted that these
cases are exceptional, and, compared with ordinary
shipping misfortunes, very uncommon.
It is a very common idea that it would be
possible to insure yachts at a lower rate than they
are at present insured, with profit to the
underwriters, and the system of mutual insurance
has been successfully introduced for small yachts.
However, in these days of competition, it may be
safely assumed that the present rates are not too
remunerative. There can be no doubt whatever that
of late years owners have become more awake to the
effect of their policies, and are more prone than
formerly to make a claim when any mishap
occurs.
Serious casualties are, fortunately, rare ; but
it will be readily understood that when a yacht
does meet with even a slight accident the cost of
repairs can hardly be compared with that arising
from a similar mishap to a merchant vessel. A yacht
owner is not content with mere patchwork repairs,
he wants, and he is entitled to have, his vessel
made as good as she was before the damage was
sustained. If he has a small piece knocked out of
his rail be probably wants it replaced, and if a
plank or two be badly chafed he wants them taken
out and new ones put in, instead of being simply
planed down, or having the damage passed over
altogether, as it would likely be in a trading
vessel. Then it must he borne in mind that all
yachting work is of a far more expensive and highly
finished kind than ordinary ships' work. These
facts must be remembered by the owner in estimating
what is a fair premium on his policy.
Possibly underwriters do not, in considering the
premiums, sufficiently distinguish between really
first class yachts and those which are becoming the
worse for wear. To a vessel in first rate condition
a stranding, unless in a very exposed position,
often means no damage at all, whilst to an old
vessel it very probably means recaulking and new
copper. Once insured, an owner may feel satisfied
that any claim which he may send in will be fairly
and even liberally dealt with. The form of policy
which is adopted is certainly a rather antiquated
kind of document, and to the uninitiated appears
hardly suited to meet the requirements of yacht
owners. It seems, however, to be well understood
between underwriters and owners what the intention
is, and the latter will find but little difficulty
in obtaining payment for any fair claim which they
may present.
The requirements of a yacht owner with regard to
a policy are well understood, and any Lloyd's agent
or respectable broker will see that it is put into
proper form. It is usual and right to have a
twenty-pound clause inserted, as the three percent
clause is hardly suitable to meet the class of
accidents to which yachts are liable. It is, of
course, not essential that every policy should
contain a collision or running-down clause,
otherwise an owner may be called upon to pay some
heavy sum for damage caused to another vessel, and
by this clause the underwriters undertake to pay
three-fourths of any sum which the assured may
become liable to in the case of a collision.
Time policies are usually adopted by yacht
owners, and are no doubt most convenient for them.
It is, however, very necessary, in the case of an
extended voyage, for the owner to leave
instructions with his agent or broker to renew the
policy in case the voyage is not completed at the
time anticipated. An owner must bear in mind that,
if he wishes to recover the full amount of his
loss, he must insure his vessel up to her full
value ; and if, as he sometimes does, he declares
her value, he must insure on that amount. In case
an accident occurs, there are various steps
necessary for him to take. The master must make a
deposition before the Receiver of Wreck, and note a
protest before a notary. If the damage is
considerable, it is advisable for him, and for some
of the crew, to extend the protest before a notary
; or, if the accident happens abroad, before a
British Consul. Such protests must give a full
account of the manner in which the damage sustained
occurred, and must clearly show that it arose from
the perils insured against. It is also advisable to
give notice to the nearest Lloyd's agent, and to
call in Lloyd's surveyor to examine and report on
the damage sustained, as his report will always be
respected by underwriters, and as considerably less
difficulty will arise in obtaining payment of a
claim based on the report of a Lloyd's surveyor
than on the report of any casual surveyor who may
be consulted. An owner must always hear in mind,
when any accident occurs, even although he be fully
insured, that it is his duty to do everything which
lies in his power to save loss to his underwriters,
and in case of a collision, if he be not in fault,
he must do all he can to enable his underwriters to
obtain payment from the colliding vessel. A
question often arises where a vessel is very
seriously damaged, either stranded or sunk by a
collision, whether or not she is to be considered
as a total loss. It must be borne in mind by owners
that if the vessel is not actually gone,
underwriters always have the right to repair her at
their own expense and hand her back to the owner if
they think fit to do so.
Losses are of two kinds, either a total loss or
a constructive total loss. In the latter case, if
the owner has reasonable grounds for supposing that
the repairs of the vessel will amount to more than
her full value, he must send a notice of
abandonment to the underwriters, which they must
accept or decline within a reasonable time. If they
accept it, they must of course pay on a total
loss-they having the benefit of any salvage which
may be made. If they decline to accept it, they
must be prepared to bear the expense of restoring
the vessel to her former condition. An owner must
always remember that, though insured, it is his
duty to act in every case as though he were
uninsured, and when he presents his claim, he must
be in a position to prove that be has used every
reasonable exertion to prevent loss to his
underwriters.
The following risks are not covered under an
ordinary marine insurance policy, i.e., sums which
an owner may become liable for in respect of:
1. One-fourth of the damage inflicted on another
vessel by collision.
2. Injury to docks, wharves, piers, jetties,
banks, buoys, &c., or the removal of any wreck
or obstruction.
3. Loss of life or personal injury on board or
near his vessel and life salvage (if not
recoverable under the ordinary policy).
4. Law costs in defending any action in respect
of a claim under paragraphs 2 and 3, provided such
defence he made with underwriters' consent.
5. Costs or expenses properly incurred by an
owner in connection with Board of Trade inquiries
and coroner's inquests.
These liabilities can be insured against, but it
is a condition of the insurance that the vessel
shall also be insured under an ordinary policy
containing the usual collision clause, and that the
value insured shall be not less than the value
insured under such ordinary policy.
Some very grave questions may arise if an owner
acts as his own sailing master, and manages or
controls his yacht when underway.
In about 1625, limitation of the liability of
shipowners came in as to British ships on the
ground of public policy and as necessary for the
encouragement of shipping, but not in any marked or
effectual way until about 1734, and in the reign of
George III an Act was passed, "that it was
expedient to encourage the owning of British
ships," and for such end limited the owners'
liability in collision to the value of ship and
freight. In 17 & 18 Victoria, c.104, the same
limit was carried on as to damages recoverable in
respect of loss of life or injury, and placed the
value at £15 per ton of the wrongdoing ship.
Difficulties were found in working these
enactments, and in the result the Act (25 & 26
Victoria, c.63, s.54) was passed, and is continued
by the Act of last year, placing the limit at
£15 where there was loss of life, and at
£8 per ton otherwise. There is, of course, no
longer in these days the same ground for passing
Acts of Parliament as in 1625, but the present
state of shipping, the risks of the seas, and
questions of freight earning and of insurance have
not caused the Legislature to, as yet, find fault
with the statutory limitation of liability.
The Act which gives the limitation of liability
does so upon a term which is extremely hard upon
yacht owners and upon the large class of coaster
owners who command their own vessels, and it is a
subject which demands serious consideration and
amendment by the Legislature. The objectionable
term is in section 54 : "The owners of any ship,
whether British or foreign, shall not in cases
where all or any of the following events occur
without their actual fault or privity, that is to
say . . ." &c. So that the benefit of
limitation given by the Act to the owner who
remains ashore, or who is too ignorant of
seamanship to be found in "fault or privy to" the
collision, is denied to the expert owner who takes
charge of his own craft, even though he be a Board
of Trade certificated master mariner or a naval
officer; and yet, so far as Acts of Parliament at
present go, an owner may place his gardener on
board his yacht as captain, and if such gardener
has told his master that he knows how to command
the craft, it would be difficult to satisfy a court
that the owner was actually in fault by such
appointment for a subsequent collision at sea.
The present certificate as master issued by the
Board of Trade confers no benefit or exemption upon
a yacht owner, and undoubtedly if an owner holds
such certificate of competency he, being on deck
before and at the collision, could not obtain the
limitation of liability in any event.