Offering Insurance Service, Advice and Coverage to South Texas.

 2001 E. Sabine, Suite 109, Victoria, TX 77901    (361)573-4475  

INSURANCE MATTERS

 

 

Liability Insurance May Not Provide Coverage for Hunters and Landowners of Leases

Methods you can use to manage your risk. 

 

During this year, I have described methods of managing risks including handling youthful drivers; insuring boats, RV's and four wheelers; what to expect when filing a claim; the need for a flood policy; the provisions and limitations of a personal auto policy; and why you should pay your casualty premiums promptly. 

Last month, I addressed the TBOP (Texas Business Owners Policy) and how it addresses many - but not all - business insurance property and casualty coverage needs.

It isn't easy to talk about insurance, with all its legalese, while making it understandable AND enjoyable. If I am doing a good job, or especially if I'm not, I would appreciate a note or an email from you. See the info at the end of this article.

This November marked the beginning of another hunting season. Whether people are hunting for free on a family farm, paying a daily fee to a farmer for the privilege of hunting, or leasing acreage for the season or year-round, they can turn to their homeowners policy for liability coverage of their hunting activities. But do you need to make any changes to the policy for coverage to exist?

If you, as a hunter, lease the land and are responsible for the upkeep of the land or any buildings on it, liability coverage for incidents arising out of a condition of the land or buildings is not provided unless the location is added to your home policy - as a leased location. I'll go into that further in a minute. But first, if you are a renter or apartment dweller, you may not have any coverage. Landowners take note. You might want to request proof that hunters do have coverage.

So there are two separate aspects, which are being addressed here - liability for the actions of the hunter, and liability arising from a condition of the premises. As a hunter, the accidental shooting of another person would be covered under your homeowners policy wherever it occurs, while an injury arising from a visitor stepping in a hole is covered in regards to liability of the landowner, if the premises is listed on the landowner's policy. Clear as mud?

In basic terms, the hunter should not have to obtain extra liability insurance for a one-trip lease or while hunting as a guest on the farm of a friend or other family member. If there is a long-term lease, or if it is land that you own, discuss it with your insurance agent.

Most landowners who lease or rent their premises to hunters should be covered under their farm & ranch owner's policy, provided the rented location is described or listed on the FRO or other premises liability policy. I say "should be covered," but that may depend on the insurance carrier's interpretation of whether the lease is excluded as being business pursuits, or if it is considered incidental to the covered farming or ranching activity. Opinions may differ. Again, check with your carrier through your agent, and if necessary, obtain a separate commercial general liability with adequate limits of coverage.

Be safe out there, especially crossing fences. As for myself, I'd rather shoot them with a camera.


Russell Janecka is a Certified Insurance Counselor. He is the owner of Janecka Insurance Agency in Victoria, and serves on the board of directors with Germania Insurance Companies. (361) 573-4475 e-mail: info@jiavic.com