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Author Topic: Aquaculture Liability Insurance  (Read 1159 times)
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Ronster
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« on: January 24, 2012, 09:17:36 PM »
Just came back from a NJ Bureau of Shellfisheries Meeting where I was granted lease rights to some acreage of in the Delaware Bay.   

Anyone have any recommendations of insurance companies that are currently writing aquaculture liability policies?
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« Reply #1 on: April 05, 2012, 02:26:42 PM »
When I was investigating a lease a guy named Matt Parker at MD Sea Grant told me he had a line on some that was about $2,500 per year that satisfied the state requirements.
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« Reply #2 on: April 05, 2012, 02:30:20 PM »
Wow!

They insure everything, dont they.

Just curious, are you insuring to protect whats yours against theft and damage or are you insuring to protect your liabilty?
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« Reply #3 on: April 05, 2012, 07:44:53 PM »
I got liability insurance on the lease against injury, etc. for around $1000.    No one would insure the actual product coming off the lease because I am a start up farm.    Perhaps next year they will make it available to me.
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« Reply #4 on: April 05, 2012, 07:48:55 PM »
So, you have to insure a piece of the ocean floor now in the event someone gets hurt riding over it in a boat or crossing acres of marsh to wade in it?
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« Reply #5 on: April 05, 2012, 07:54:59 PM »
Yes.
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« Reply #6 on: April 05, 2012, 08:14:15 PM »
In the event someone is injured on the water, how would they find out who owns the ground beneath?

Is this a Delware thing, Im familar with how Riparian Rights work here in Md, but not in Delaware.

So, for anyone injured on a vessel, if they can find out who owns, if anyone other than the state, the bottom, they can file suit?
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« Reply #7 on: April 05, 2012, 08:42:19 PM »
I would think that since he is leasing the BOTTOM, if you're not in contact with the bottom you wouldn't have a claim. Riding over the bottom in a boat shouldn't constitute being in contact with his lease. That's why you can still fish over the leased bottom as long as you're not interfering with the product on the bottom itself. Kind of the same as waterfront property owners. But, I'm not a lawyer, so what the heck do I know?

Ron, do you have to mark the corners of your lease with poles/pilings? If so, anyone colliding with those could possibly have a legal claim, IF they weren't marked according to the regs.

I'd be willing to bet that 99.9% of the public has no idea what leased bottom is, even if it's marked when they go over it.
« Last Edit: April 05, 2012, 08:53:41 PM by Mikie » Logged
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« Reply #8 on: April 05, 2012, 09:07:21 PM »
If the tide is out and their walking on the exposed bottom, their trespassing
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« Reply #9 on: April 06, 2012, 07:40:14 AM »
The State of New Jersey requires the lease holders in their newly formed Aquaculture Development Zone (ADZ) to carry liability insurance and name the state as additionally insured.    Since it's a requirement of the lease, it is what it is.    I would probably carry that insurance anyway, because let the insurance company lawyers fight a claim of a tresspasser who trips over an oyster rack and breaks an arm.   Hiring a lawyer to defend one bogus claim like that would cost far more than the $1000 per year that's going to the insurance company.

The state did the aquatic survey and put up the lease boundry posts.    They also pulled the DEP permits, got the approval from the Army Corps of Engineers, etc., which makes the ADZ leases relatively simple for the leaseholders compared to a traditional lease, where you'd have to get all of those approvals and surveys done on your own dime.

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« Reply #10 on: April 06, 2012, 07:51:00 AM »
Quote from: Ronster on April 06, 2012, 07:40:14 AM
The State of New Jersey requires the lease holders in their newly formed Aquaculture Development Zone (ADZ) to carry liability insurance and name the state as additionally insured.    Since it's a requirement of the lease, it is what it is.    I would probably carry that insurance anyway, because let the insurance company lawyers fight a claim of a tresspasser who trips over an oyster rack and breaks an arm.   Hiring a lawyer to defend one bogus claim like that would cost far more than the $1000 per year that's going to the insurance company.

The state did the aquatic survey and put up the lease boundry posts.    They also pulled the DEP permits, got the approval from the Army Corps of Engineers, etc., which makes the ADZ leases relatively simple for the leaseholders compared to a traditional lease, where you'd have to get all of those approvals and surveys done on your own dime.


Plus, just a write off for Ronster Clam Farm, LLC.  Grin
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« Reply #11 on: April 06, 2012, 07:52:56 AM »
Green Creek Clam and Oyster LLC
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« Reply #12 on: April 06, 2012, 07:59:58 AM »
Don't forget that new boat, motor, trailer, truck, rakes, orange baskets, boots, bug spray, sunglasses, hats, gloves, Captain Bruce traps to control those predator crabs, etc., etc.,............................................... Grin laugh
« Last Edit: April 06, 2012, 08:02:38 AM by jack1747 » Logged
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« Reply #13 on: April 06, 2012, 08:04:42 AM »
Way ahead of you on that.    Chicken necks are expensed as well because they keep the crabs away from my precious animals, ammunition to protect against poachers and predators, new computer to handle all of the accounting...   Grin
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« Reply #14 on: April 06, 2012, 08:57:15 AM »
Thats rediculious!!!

they're ripping you off, but, like you said it is what it is.
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« Reply #15 on: April 06, 2012, 09:24:29 AM »
Quote from: jack1747 on April 06, 2012, 07:59:58 AM
Don't forget that new boat, motor, trailer, truck, rakes, orange baskets, boots, bug spray, sunglasses, hats, gloves, Captain Bruce traps to control those predator crabs, etc., etc.,............................................... Grin laugh

don't forget the Las Vegas convention, trips to Florida, Bermuda etc to learn about other clam farms.

consider a company credit card

keep records and receipts

 Wink
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« Reply #16 on: April 06, 2012, 03:32:55 PM »
Maryland also has this insurance requirement for lease holders.  It's pretty dumb but this is the Peoples Rebulik of Maryland right?
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« Reply #17 on: April 06, 2012, 03:37:55 PM »
Quote from: joe mac on April 06, 2012, 03:32:55 PM
Maryland also has this insurance requirement for lease holders.  It's pretty dumb but this is the Peoples Rebulik of Maryland right?
I'd be willing to bet Owe'malley is getting a cut of those premiums somewhere along the line!
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« Reply #18 on: April 06, 2012, 03:58:13 PM »
Just wait. Any taxes that OweMalley doesn't get passed now will be enacted in a Special Session in a few months when everybody's guard is down.
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« Reply #19 on: April 06, 2012, 04:08:35 PM »
Quote from: Mikie on April 06, 2012, 03:58:13 PM
Just wait. Any taxes that OweMalley doesn't get passed now will be enacted in a Special Session in a few months when everybody's guard is down.

My guard is never down
HB579, slipped in to combat the recent overturning of MD's concealed carry laws.

MSI has their act together!
http://actionmail.ksconline.net/
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« Reply #20 on: April 06, 2012, 04:32:25 PM »
Quote from: Mikie on April 06, 2012, 03:58:13 PM
Just wait. Any taxes that OweMalley doesn't get passed now will be enacted in a Special Session in a few months when everybody's guard is down.

hint - they pass it on friday so it will be in saturdays newpaper, which nobody reads
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WARNING- if Zombies are chasing us .................... I'm tripping you.

It's not that I'm not caring and compassionate. No wait. It is cuz of that.

If you live long enough, eventually you will die of something.

Remember, old age and treachery will beat youth and enthusiasm almost every time.

Any Government that takes your money and gives it to me, has my vote


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