Civil liability and yacht captains: "Too few insured"

Genoa - The responsibilities of superyacht captains appear to be increasing, while the percentage of Italian officers who have purchased professional liability insurance remains very low. "There is no mandatory insurance for pleasure craft captains. The percentage of insured officers among those who sail is still too low (20-25%). Still too low." This was stated by Giovanni Lettich, national president of the National College of Captains LC & M., during a conference organized in conjunction with Ship & Crew Services at the Museo del Mare, entitled: "The Civil and Criminal Liability of Yacht Captains and Chief Engineers – Which Risks Are Transferable to the Insurer."

Carolina Villa, president of the Assagenti Genova recreational commission and CEO of Ship & Crew Services, shared Lettich's call for greater acceptance of professional liability insurance coverage by officers. "Subscribing to this type of policy," she emphasized, "could become a preferential criterion in choosing one resource over another." Lettich noted that many land-based professions today are "required to have insurance to practice their profession, and even port pilots have been required to present an insurance certificate in order to operate." According to the experienced captain, the same should apply to captains and officers of recreational vessels, who increasingly face criminal and civil liability, including for spills at sea and workplace accidents, where they are sometimes even held accountable as employers. Accidents during recreational vessels' docking are also frequent.

During the conference, Stefano Bruschetta, CEO of Alta Broker & Partners Srl, explained some details of the "standardized" insurance coverage tailored by Das Insurance for captains, the result of an agreement with the College of Captains. These policies recently doubled their financial coverage to cover legal and expert fees.

The freedom to choose one's own lawyer was a key topic in the discussions of the lawyers who participated in the conference: Professor Sergio Maria Carbone (Carbone e D'Angelo), Attorney Simone Vernazza (Vernazza), and Attorney Andrea Bergamino (Deloitte Legal). A recommendation shared by all was to promptly inform and appoint not only a lawyer (criminal or civil, depending on the responsibilities involved) but also a technical expert following an accident, "since the work done during the preliminary investigation phase is particularly important," emphasized Simone Vernazza. According to Vernazza, legal assistance is advisable even if an officer is being questioned as a person with information about the facts. "It's very important to take out insurance that covers, in addition to legal fees, any necessary expert witnesses, because having the option of hiring an expert during the investigation phase is crucial. Consultations are expensive, especially if the expert is good," Vernazza continued, concluding that increasingly severe penalties are also being seen for civil liability.

The task of emphasizing the "fundamental importance" of the surveyor fell to Chiara De Angelis, marine surveyor and president of Imasco, who also warned against choosing professionals without proven experience and professional skills. "The surveyor," she noted, "can intervene even before an accident occurs, for example, to check the condition of the vessel, to determine its true and commercial value, its seaworthiness, and its safety."

Among the useful onboard tips mentioned by Filippo Agostini, insurance broker for the Genoa-based company First Srl, to avoid third-party injuries and resulting liability aboard superyachts, he highlighted the importance of cordoning off operational areas where guests (or those accompanied by crew members) are not permitted to enter and maintaining constant surveillance of the vessel's condition. During his presentation, Agostini also explained "how to handle a claim" and "which insurance documentation is required on board." In any case, damage caused by the captain's malicious misconduct is not insurable.

Among the final questions and contributions, a request emerged from Luca Triggiani, captain and member of the Italian Yacht Masters Board of Directors, to share a single insurance coverage model for Italian captains and officers with the National College of Captains and, possibly, the A.Ma.Di. association (represented by its vice president, Luciano Panizzut). Stefano Bruschetta responded to this request by stating that the association would need to somehow affiliate with the National College of Captains of the Italian Yacht Masters.

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