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Now, I don't claim that insurance companies behave rationally, but since you agree that the rules determine liability, they should honor that.


This is the heart of the matter. The question to ask your insurance provider is not... do you cover me while racing? ...

But, do you use the RRS to decide claims?

Windy....Organizing Authorities are behaving stupidly when they ask for liability insurance proof and or coverage. See this doc for info
http://www.sailregattas.com/crac/uploads/Insurance%20and%20Cat%20Racing.pdf

In doing so... they simply open the door for you to include them in the dispute between you and the other guy. As you have experienced, they usually don't have any insurance information OR interest in getting involved. They will have heartburn in even handing you a copy of the individuals entry form should he refuse to give you contact information.

Now what they HAVE promised you is that they will appoint a protest committee (Its part of the statement in the NOR that this regatta follows the RRS statement and any other rules in the NOR. If you file the protest they have to hear it. If they don't you appeal to the regional authority of US Sailing who can take action against the OA for not doing their job.

So assuming you have a PC hearing and facts found and decision made...
What are your options. 1) report this PC facts found and findings info and your story to your insurance company and let them deal with the problem. After all, It's what you paid them for.

2) Take the guy to small claims court.
However, in doing so, you will violate rule three where you agreed to NOT resort to any court of law or tribunal.

Now... the real crux of your problem is responsibility and how this get's enforced.
It seems to me that you need to request the PC file a gross misconduct charge against the individual.
Rule 69.1 f allows you to file the protest with the OA well down the road when this damage /responsibility issue comes to a head. The OA will have to form a new protest committee to hear your misconduct charge, bad sportsmanship and or refusing to be responsible for his actions on the race course charge.

Should the PC find such misconduct, they will take action appropriate to the event (dsq's) and they have to send the report on the individual to US Sailing. (69.1 b 2 c)

US Sailing could then investigate further and suspend or ban the sailor from all further competition. Yacht Clubs/OA's that allow this individual to compete would then be held responsible and other sailors who compete at this same YC would also suffer penalties and not be allowed to compete.


crac.sailregattas.com