Other than warranty issues with boat manufacturer if boat has future transom issues, what problems might I run into if I put a 90HP Two stroke motor on a skiff that is only rated for a 75hp? Will I be able to get insurance? DNR? Thanks for your time.
Insurance.
I think if the USCG plate says a max horse power and it is over you may runinto a problem. I would really check into it.
Definitely a significant risk of running into insurance and liability problems. No doubt about it. Don’t do it. You will not find an insurance company to write the insurance if they find out you’re breaking the engine spec limit, and if you misrepresent the engine size on your application (you have to report it), and you later have any kind of claim that relates to engine weight or speed, your claim will be denied anyway, and you’ll be dropped. You will also probably be found in strict liability by a judge or jury if you have an accident that causes a loss to someone else or their property (involving speed or the engine). Now, if you can get the manufacturer (NOT the dealer) to change the tag, that’s another story.
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
I think you’ll be able to get insurance just fine. They will ask the value of the boat and how much liability you want and what deductible and write the policy. A person working in an insurance office will not know what maximum horsepower motor a boat is supposed to have. You will still be covered, at least for liability and property damage if you have a wreck, just as you would be for doing something else wrong like BUI.
If you end up in a serious wreck with injury or death and overpowering your boat is determined to be the cause of the wreck, you may face a civil suit or criminal charges.
I would worry that the boat will either suffer long term damage from a motor that’s too heavy or has too much power, or that the boat will be unstable and gard to handle.
Ron
2000 Camano Troll
North Charleston, SC
quote:
I think you'll be able to get insurance just fine. They will ask the value of the boat and how much liability you want and what deductible and write the policy. A person working in an insurance office will not know what maximum horsepower motor a boat is supposed to have. You will still be covered, at least for liability and property damage if you have a wreck, just as you would be for doing something else wrong like BUI.
Insurance companies do ask what the installed HP is and they do know what the subject vessel is rated for.
Iain Pelto
Edgewater 185CC “Jumpin’ Bean II”
Native Manta Ray 14
my jon boat is rated for a 15 and i have a 25 on it. its insured…
strip…strip…FISH ON!
It’s true that you can get them insured if your agent doesn’t catch on to the fact that you’ve overpowered the boat, and that will happen because agents don’t check the engine ratings for every boat they write. However, it is not only assumed, but a binding part of the insurance policy, that you avoid any conditions that are not considered safe, seaworthy, or consistent with regulations or the manufacturer’s intended use. It is also assumed, and part of the policy, that you are representing that you will maintain and operate the boat in such a manner and that you will not hide any material information that pertains to the insurance company’s risk. By knowingly insuring your boat while it’s overpowered, and by knowing that your agent does NOT know about the overpowered conditions of the vessel, and by not disclosing that information to your insurance agent, you are in wilfull breech of your policy, and that policy is a contract. When and if the company finds out about this, they will consider it a “material misrepresentation” or a violation of the safety and seaworhtiness clause of the policy, and they will drop you. If you have a claim, they may pay it and drop you, or they may deny it and drop you, based on the overpowered condition of the boat. It will depend on a few things, but they have the legal right to deny the claim and drop you, and they have a very good chance of winning in court, leaving you holding the bag–especially if they can pull a thread like this one and see you posting in it before the incident.
It is, therefore, very unadvisable to overpower a boat. It is also very unadvisable to not report that condition to your insurer. And I’m not even going into the legal problems you may be brining upon yourself. If you feel like nothing will ever happen, then why even buy the insurance. I can honestly tell you that you have increased the likelihood that your insurance will not pay your claim by probably 50% or more, so you might as well not have it. Seriously, you are asking for trouble.
Lee, I need some help with this. First I understand over powering with an outboard and the liability issue and how an insurance company could say no we will not pay based on the USCG plate.
But how is it viewed in your opinion if someone takes an inboard outboard or an inboard vessel that has a 4 or 6 cylinder standard and drops in a big block V8? Remember these USCG plates say nothing of horsepower only weight and number of occupants in these vessels. And how would that relate back to cars that are overpowered. I’ve never heard of an insurance company refusing to pay because some kid put a big block V8 in a chevy S-10 truck. Seems insurance companies would not have a leg to stand on in court with the outboard argument if they have paid claims on these other examples of overpowered vehicles and we all know that they have. What are your thoughts??
Rog
“Double Trouble”
2001 Sea Fox 230
2001 Merc 200
My personal opinion is not really relevant because I have no authority over claims, and some would probably say I’m actually prejudiced in favor of fast boats. I’m not, but I do like to drive fast on the water. Our last four boats were all Fountains. The last one was a 38 that would top 65 MPH. My 17-footer has a 150 on it, and I’ve had bass boats that topped over 70 MPH. I’ll get away with as much as I can. I was just answering Ceylon’s question. He asked what problems he might encounter.
The plates do state the max HP, though, Rhuse. However, some boats do not have plates. If the HP is not listed on a spec plate, then there is no problem putting whatever HP you can on the back, as long as it doesn’t violate some other legal or manufacturer’s standard (unless it just becomes obviously unstable or violates the maximum SPEED that the insurance company is willing to underwrite, and that’s another matter in itself). That’s why I said if you can get the manufacturer to change the plate, you have no problem, generally speaking (within reasonm, of course). You also have no problem if there is no plate on your model of boat at all. For example, a 38 Fountain has no plate (most boats over a certain size do not have them); therefore, a 38-Fountain owner can put as much HP on the back as he wants (within reason–and not my reason, but some measure of what is stable that a “reasonable person” would respect). We insure Fountains with quad 300’s on the back. Some insurers turn them down, but a select couple of companies will write them. Those who write them will have to stand behind the claims.
So, if there’s no rating or standard to violate, and you disclose everything to your insurance company, and they accept it, then I’d see no problem with making the engine swap you’re talking about, as long as it doesn’t make the boat into something that is obviously unstable or unsafe (and again, that determination is a bit arbitrary and vague).
It’s really not a matter of my opinion. It’s a matter of what’s wr
BTW, the same advice applies to racing. If you race in your boat, you are in violation of your policy and jeopardize your coverage while doing so. (Unless, of course, you are a boat racer and have a specialized race-boat policy). Again, I don’t make the rules or write the language. I’m just relaying what is written in the average policy.
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
Thanks for the input Lee. That answered my questions. I used to fish on a bass boat pro staff and also had boats running mid 70’s in fresh water. Those boats are just plain fun!!
Rog
“Double Trouble”
2001 Sea Fox 230
2001 Merc 200
No problem. Glad to help, and 10-4 on that.
Gotcha Covered,
Lee Strickland
Strickland Marine Insurance, Inc.
843-795-1000 / 800-446-1862
quote:
Originally posted by gotchacoveredNo problem. Glad to help, and 10-4 on that.
</font id=“quote”></blockquote id=“quote”>So here’s my insurance question - He overpowers the boat and that is the cause of an accident that injures me or damages my boat. His insurance company says that is a violation of the policy. Does his liability and property damage insurance still cover me and my boat? Or do I then have to go after him personally?
Is there a difference between illegal modifications to the boat and illegal actions while operating the boat (BUI)?
Ron
2000 Camano Troll
North Charleston, SC
If the insurance company took that posture and the court ruled in their favor, based on the broken provision of the policy (i.e., the responsibilities and representations by the insured/customer), then no, it would not cover you. It never did cover YOU, anyway, technically speaking. Someone else’s boat insurance does not cover you. It covers him–his liability. That means it will defend him from suit and/or pay the damages that he is legally liable to pay. That evaporates (or can evaporate) if and where he violates his policy.
For example, if he has navigational limits of Maine to Floria, but he goes to the Bahamas and hits someone, he is out of luck. And if he doesn’t have the means to pay for the damages, they are out of luck, too, unless they have sufficient “uninsured boater” coverage. In order for the responsible party’s insurance to be effective in that case, he would have to have coverage for that navigational area.
So, what would happen is that the “uninsured boater” portion of your OWN insurance policy (if you have that coverage) would pay your damages. Then, your insurance company would subrogate against (sue) the operator/owner of the other vessel to recouperate their financial losses.
You could sue the other driver and his insurance company, but his insurance company could decide not to defend him in your suit against him because of his violation, and HE would have to sue them to get a court to decide whether the company was on the hook to defend him and/or pay your damages or whether he was on his own, and since the policy says what it says, and he violated it, the company would have a good chance of getting dismissed from the suit and from obligations to defend the insured, pay you, etc.
Since you mentioned illegal activity, in an extreme example to help illustrate the principle, it would be kind of like if the guy decided to use the boat to smuggle terrorists or drugs into the country, got into a high-speed chase with the USCG, and hit your boat in the chase. His insuranc