Instructor Liability - Care Custody & Control

The instructor liability policy protects instructors from claims for damage or injury involving third parties.  A standard clause in a liability policy excludes claims for damage to any boat 
that is in the care custody and control (CCC) of the instructor.   But what does that mean for the instructor?   The following scenarios should help clarify application of this clause.

The CCC means there is no coverage for damage to the following boats when used by an instructor or coach:

1. Yacht club boats or boats owned by the  employer.
2. The instructor's personal boat
3. A privately owned boat loaned or rented to the instructor.

In each of these scenarios it is up to the owner to provide insurance for damage to the boat.  However, the instructor liability policy would still provide excess liability coverage for any damage or injury involving  third party boats.

The fourth scenario involves an instructor teaching on a boat that is owned by their student.  The instructor is not deemed to have CCC of the boat in that situation because the owner is on board.    The boat owner's insurance policy would be the first to respond to a claim. The instructor liability policy protects the instructor from any demand for repayment made by an individual or other insurance company.   

TIP:  Before  teaching on a privately owned  boat you should confirm there  is a valid boat insurance policy in effect.    Ask your student to provide  a copy of the declaration page or certificate of insurance and keep a copy with the student's files. 

Instructor Liabilty Policy - Coverage territory

Let's clear up any confusion about the coverage territory that applies to the Sail Canada Instructor Liability policy.

This policy protects instructors and coaches against claims for property damage or injury involving third parties.  To be eligible for this coverage you must be registered with Sail Canada.    The coverage territory is Canada, The United States, their territories and possessions.  This meets the needs of the  majority of  Sail Canada's  instructors and coaches. 

There are a few instructors who teach outside the coverage territory and for these  individuals the policy provides limited worldwide coverage.     This covers insured individuals while they re teaching outside  the coverage territory but only for lawsuits that are initiated in Canada or the US.   An instructor in the BVI's who is sued in the BVI's would not have any coverage under this policy.

There are a few conditions that apply to the limited worldwide coverage that are very important:

1. The instructor/ coach must have their home in the coverage territory
2. They must only be away from the country for a short period
3. The claim or action must be brought in Canada or the United States

Instructors teaching students outside Canada should consider purchasing their own liability insurance with full worldwide coverage.   This would protect them against lawsuits brought anywhere in the world. 

For more information about the Instructor liability policy visit our website www.skippersplan.com/Instructor_Liability.html