raycarlson wrote:Always amazes how this imaginary horsepower rating, and fear of being sued or insurance denied issue constantly floats around on the forum. If none of the worrywarts have never noticed, there is NO USCG transom hp or weight rating tag on a Mac. The reason why is there is NO rating required on any boat larger than 25ft. You are free to put any size motor you wish on your boat, if your insurance co. issues you a policy on your boat and you list the correct hp motor you have and they give you a policy they are obligated to pay any claims, as with any insurance co, you might need a lawyer to shake the money out of them, but they are obligated to pay up.The only horsepower statement regarding Macs is a recommendation in sales brochures and advertisements. And that suggestion is routinely violated by even there own dealer network, at least when they used to make Macgregors....... A suggestion or recommendation does not carry very much weight in court, especially when the manufacturer and dealers violate their own suggestion.Not to mention its not even an issue you would ever see brought up in a courtroom. Do you think Dodge would be selling 720 horsepower Hellcat Challengers to any 16 yearold who can talk dad into buying him one if they were worried about being sued because they overpowered the car for a novice 16 yearold operator, or State Farm would deny the claim when the kid kills a family on the freeway because he was doing 190mph, No way, they issued the policy,they knew the horsepower, they will pay up.
you might need a lawyer to shake the money out of them, but they are obligated to pay up.

You have way more money than me!
There are so many thing wrong with this statement. When no USCG plate is issued the hull number is used to check the specifications with the registering authority (they get filled out along with dimensions, ratings, weight, material etc when registering your boat) Homemade boats have to be inspected and approved before registering along with all above information. When a boat does not fall within the formula the USCG uses to calculate the weight and rating due to size or complexity it is left with the boat designers an engineers to determine. Same goes for building regulations. Residential buildings fall under a certain part of the code (9 in Canada) and it is the legal responsibility of the inspectors to inspect for deficiencies (USCG issued for smaller boats). If the building becomes too large or complex it falls under a set of guidelines (3 in Canada) for architects and engineers to follow and it is the legal responsibility of the architects and engineers to inspect for deficiencies in their design and the work preformed. This is why you, me anybody can go build their residence (within reason) using only competent trades people and building code(s) and high rises, bridges and pretty much everything else is engineered designed and stamped and why when large engineered structures fail they look to the engineers.
To think that you are insured simply because you have a policy is foolish at best. Criminal activity, gross negligence, gross misconduct, misrepresentation can all lead to cancelation; Your insurer will most likely cover third party damages but not yours and may seek punitive damages or restitution from you in court. Your insurance is a contract and if you violate or enter into it under false or misleading pretences that contract it is void. Most policies are a small book of fine print with numbers referencing different legislative and mandated policies, but I'm sure we've all read them cover to cover and cross referenced...right?
Say you tell your insurer you have a 26' MacGregor with a 120 Hp on the back, but fail to inform them the manufacturer specs have a 50HP max rating* thats misrepresentation. Likewise if you were to insure the same boat with a 50 then upgrade to a 120 and not inform them of the material change in risk,thats misrepresentation and possible fraud if they can prove intent to defraud the company i.e. if you tried to process a claim. Same goes for cars; if you have an off the lot car and insure it as is, then take it home and turn it into a 900 hp track car and go driving around and don't inform your insurer; your not covered due to a material change in risk and liable for damages. Again, if you can have a designer or engineer re-rate the boat and stamp / sign off or inform your insurer of
all the facts and they accept there should be no issues.
* The manufacturer / designer did allow BWY to install up to 70Hp using an approved method which may be arguable in court if another competent dealer installed
Ok the Challenger story...Assuming the 16 yo kid is insurable (the policy would be worth more than the car) So dead/maimed family as third party would most likely be covered up to the maximum insurable limit (1 million minimum in Canada much less in some states from what I've heard). Kid is negligent in his action doing 190mph (car and kids injuries are not covered) insurer sues him for damages. 16 yo's father is also criminally liable as his legal guardian, bye bye house, cars, savings, family. If it can be found that the dealership was negligent they may also be held liable for processing the sale. (Dodge as a manufacturer has no legal responsibility as to how their cars are driven or by whom that is one of many reasons why you can't buy factory direct). So the family seeks damages higher than the insurable limit...Oh you don't have an extra 3-4 million? So 16 yo and father sit in jail while the family he maimed goes into poverty (assuming they lived) cause they can't pay their bills. Real s-m-r-t
Everyones gonna do what ever they do, and a small claim may not create any problems, But when something significant happens (whether you're at fault or not) Insurance companies will do just about everything not to pay. So make sure all your t's are crosses and i's dotted. It's not me I'm worried about its the 16 yo with the Challenger.