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BVI Villa liability insurance for USA
#235434
09/25/2020 09:44 AM
09/25/2020 09:44 AM
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Joined: Oct 2000
Posts: 4,267 Vero Beach, Fl and South Sound...
tpcook
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Vero Beach, Fl and South Sound...
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Question for all that my be able to guide me. I am looking for BVI villa liability insurance which will protect me against folks who might want to litigate against me in the USA for a claim for damage at the villa in the BVI. And no the typical BVI Villa insurance does not protect you for USA claims Thanks
tpcook
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235435
09/25/2020 09:50 AM
09/25/2020 09:50 AM
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Joined: Aug 2000
Posts: 82,724 Central Florida!
Carol_Hill
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I'm asking because I don't know--do you live in the US?? If so, my feeling is that there is no such thing. In general, a Defendant can always be sued where they are. So, if for example, you live in Florida, you can be sued in Florida, about anything. Now, you could possibly claim what's called forum non conveniens, which basically means that the suit should proceed where the cause of action accrued, because the witnesses and evidence might be there, etc., but that would not prevent the plaintiff from suing you in the first place.
Carol Hill
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Re: BVI Villa liability insurance for USA
[Re: bailau]
#235438
09/25/2020 10:13 AM
09/25/2020 10:13 AM
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Joined: Nov 2008
Posts: 57 Houston,TX & Destin, FL
pbd007
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I think that an Umbrella Policy just extends the limits of coverage on the policies that it covers (not the scope of coverage). If the underlying policy does not provide coverage for suits in the US then the umbrella would not cover those suits.I could be wrong. Won't be the first time
Last edited by pbd007; 09/25/2020 10:15 AM.
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235439
09/25/2020 10:20 AM
09/25/2020 10:20 AM
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Joined: Oct 2009
Posts: 1,657 Memphis, BVI, CT
RatmansWife
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It's much worse than that. Despite being a customer of over 30 years, without a single claim, State Farm refused to give us a US umbrella policy because we owned property in the BVIs. We switched, got far better insurance, at much cheaper rates and a max umbrella policy with another, better-rated company. Lloyd's dropped us after Irma - first claim in over forty years - but one of the syndicate members picked us up, with better coverage.
One thing you can do, is make sure all business related to your BVI property is handled strictly in the BVI. Don't use a US phone number or have checks mailed to the US, for example.
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235442
09/25/2020 10:53 AM
09/25/2020 10:53 AM
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Joined: Jan 2005
Posts: 4,557 Toronto, Ontario
gordaguy2
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We have our villa in BVI and are covered in Canada for Liability as a result of our Canadian home owner's insurance covering a second home - also have some liability coverage in BVI. The risk of lawsuits in an effort to get high awards is extremely low in Canada and in BVI.
Last edited by gordaguy2; 09/25/2020 10:55 AM.
GordaGuy2
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235482
09/26/2020 09:50 AM
09/26/2020 09:50 AM
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Joined: Mar 2018
Posts: 30 patterson,ny
wizoc
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To get back on the topic of how to protect yourself against a claim being made in the US. First off this is not legal advice. You should speak with your lawyer to confirm and take the steps necessary to protect yourself. Presumably you have a written lease that is executed by your tenants. You need to add a provision that all claims must be made in ....(pick your jurisdiction but generally where property is located) and be sure it has a clause that makes choice of law the foreign jurisdiction. If you have this then it should protect you. Not from being sued but a simple motion to dismiss or change venue it almost if not all instances will remove the suit from your domicile. Look at charter contract provisions, cruise ship and live aboard dive ships for examples. Another possibility is a clause that requires all disputes to be settled by arbitration.
Last edited by wizoc; 09/26/2020 09:54 AM.
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Re: BVI Villa liability insurance for USA
[Re: wizoc]
#235484
09/26/2020 10:44 AM
09/26/2020 10:44 AM
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Joined: Oct 2000
Posts: 4,267 Vero Beach, Fl and South Sound...
tpcook
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Thanks, I have already done that. However, if Mr X rents the villa, pays for the villa and signs the rental agreement, then asks his friend Mr Y to come along. Mr Y gets hurt and sues. How would you handle that. In my agreement I state that Mr X, as agent for all the others is signing for all the others in the party.
And I am having several lawyers look at all of this
Last edited by tpcook; 09/26/2020 10:45 AM.
tpcook
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235486
09/26/2020 11:04 AM
09/26/2020 11:04 AM
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Joined: Jan 2005
Posts: 4,557 Toronto, Ontario
gordaguy2
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Thorsten - in common law I would venture to say that Mr.Y is out of luck - if your property is in BVI and that is where it happened then your lawyer should have had the venue changed to where the property is (at least that is what I would have had my lawyer argue.) cheers Brian
GordaGuy2
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Re: BVI Villa liability insurance for USA
[Re: tpcook]
#235592
09/27/2020 05:42 PM
09/27/2020 05:42 PM
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Joined: Mar 2012
Posts: 813 Redmond, WA
MrEZgoin
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I remember decades ago asking a co-worker who owned a boathouse on Lake Union in Seattle (on the same pier that that "Sleepless in Seattle" house was) whether it was difficult to insure.
She said "No, not really. You can insure it through Lloyds of London".
I remember thinking that that is actually my definition of difficult to insure :-)
M4000 "Lio Kai"
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Re: BVI Villa liability insurance for USA
[Re: MrEZgoin]
#235612
09/27/2020 10:51 PM
09/27/2020 10:51 PM
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Joined: Oct 2001
Posts: 1,901 Maine
Breeze
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I remember decades ago asking a co-worker who owned a boathouse on Lake Union in Seattle (on the same pier that that "Sleepless in Seattle" house was) whether it was difficult to insure.
She said "No, not really. You can insure it through Lloyds of London".
I remember thinking that that is actually my definition of difficult to insure :-) Actually it's a situation where--if you need to ask the cost--you won't be able to consider it a solution. Thorsten's problem is that he is not looking to insure a measurable or descriptive or photographically identifiable property value. He's looking to use insurance to escape personal liability for any possible lawsuit brought to any US courtroom upon any possible issue with his personally owned VG villa. We all wish our insurance needs could fit seamlessly into the " No Fault" box. Thorsten, how did you protect yourself when you had " Reef Song " ?
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Re: BVI Villa liability insurance for USA
[Re: Breeze]
#235630
09/28/2020 08:58 AM
09/28/2020 08:58 AM
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Joined: Oct 2000
Posts: 4,267 Vero Beach, Fl and South Sound...
tpcook
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Vero Beach, Fl and South Sound...
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When I had Reef Song I at that point had not considered what the issues. were. In fact I think most USA folks do not realize who little insurance they have against losing everything. I lost 300k out of pocket.
tpcook
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