Golf Cart Insurance for Landlords Update?

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  #16  
Old 07-23-2012, 11:19 AM
kathy palermo kathy palermo is offline
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Default Golf Cart Liability

We have been renting in TV for many years and have come across this very issue with golf carts. When I called my insurance company I was informed that I would not be covered by my insurance nor could I purchase insurance to protect me when operating another's cart. When we tried to purchase insurance from one of the local Villages insurers we were informed that because we did not own said cart we could not insure it. That said, I refuse to drive a rental cart unless the owner of the cart can show me it is properly insured; and proper insurance is not a homeowner's insurance. For all you folks that have carts with your rental units be aware that you are liable for the actions of the person you allow to drive the cart.

In 1920, the Florida Supreme Court, in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920), applied the dangerous-instrumentality doctrine to automobiles. The significance of the holding is that owners of automobiles are responsible for personal injuries caused through the negligence of those who drive their vehicles. The legal theory that holds the owner accountable is known as vicarious liability. In 1984, the Florida Supreme Court expanded the dangerous-instrumentality doctrine to include golf carts, even those being used on the golf course. Meister v. Fisher, 462 So. 2d 1071 Fla. 1984).

Don't take my word for it, GOOGLE Meister v. Fisher and read it for yourself.

As a landlord that includes a golf cart with your rental I doubt you can sign away your liability to the renter under these court decisions.
  #17  
Old 07-23-2012, 11:58 AM
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Quote:
Originally Posted by kathy palermo View Post
We have been renting in TV for many years and have come across this very issue with golf carts. When I called my insurance company I was informed that I would not be covered by my insurance nor could I purchase insurance to protect me when operating another's cart. When we tried to purchase insurance from one of the local Villages insurers we were informed that because we did not own said cart we could not insure it. That said, I refuse to drive a rental cart unless the owner of the cart can show me it is properly insured; and proper insurance is not a homeowner's insurance. For all you folks that have carts with your rental units be aware that you are liable for the actions of the person you allow to drive the cart.

In 1920, the Florida Supreme Court, in Southern Cotton Oil Co. v. Anderson, 80 Fla. 441, 86 So. 629 (1920), applied the dangerous-instrumentality doctrine to automobiles. The significance of the holding is that owners of automobiles are responsible for personal injuries caused through the negligence of those who drive their vehicles. The legal theory that holds the owner accountable is known as vicarious liability. In 1984, the Florida Supreme Court expanded the dangerous-instrumentality doctrine to include golf carts, even those being used on the golf course. Meister v. Fisher, 462 So. 2d 1071 Fla. 1984).

Don't take my word for it, GOOGLE Meister v. Fisher and read it for yourself.

As a landlord that includes a golf cart with your rental I doubt you can sign away your liability to the renter under these court decisions.
If it is possible to lease a car and obtain insurance as the lessee, why can one not obtain insurance on a golf cart as a lessee? Seems like this represents a profitable opportunity for an enterprising agency.
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  #18  
Old 07-23-2012, 01:23 PM
mulligan mulligan is offline
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Except for the lack of operator licensure, therefore no control over the qualification of the driver.
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  #19  
Old 07-23-2012, 08:52 PM
Virtual Geezer Virtual Geezer is offline
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Who covers the insurance on the carts that are used in a LSV?

VG
  #20  
Old 07-23-2012, 09:33 PM
3puttharry 3puttharry is offline
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Default think twice before lending your cart...

Quote:
Originally Posted by FoPAA View Post
I'm posting this for friends who own a CYV which they rent out for most of the year. Are there any updates about landlords insuring their golf carts for their renters? They have always included the golf cart in their rental, but now as they sign up renters for next year and beyond they are concerned about their coverage (I think they have Allstate presently). I've read last fall's thread, does anyone have any updates on coverage?
As always, thanks in advance!
Under Florida's motor vehicle law, a golf cart is a dangerous instrumentality.*See Meister v. Fisher, 462 So.2d 1071 (Fla. 1985) ("Golf cart is a dangerous instrumentality for purposes of imposition of liability on owner.") The owner of a golf cart, because it is a dangerous instrumentality, is responsible for the damages caused by anyone using it with the owner's permission. Accordingly, it is critical to purchase liability coverage in case property damage or bodily injury results from a golf cart incident, regardless of who is using it - if you are the owner, or if you will be using a golf cart on a regular basis. The unfortunate reality is that owners of automobiles and golf carts are almost always named as defendants in lawsuits to answer for damages -- even if they were not driving or present at the time of the crash.
So let me get this straight... i worked my whole life to have a great life in TV to possibly lose it all to save a neighbor a few bucks cart rental fee when his guest are in town... not me
  #21  
Old 07-23-2012, 09:52 PM
BobKat1 BobKat1 is offline
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Quote:
Originally Posted by Virtual Geezer View Post
Who covers the insurance on the carts that are used in a LSV?

VG
Good question. There must be some liability coverage for the LSV visits.
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