If they no longer provide insurance, they have given up because this particular fraud was becoming too obvious. (I suppose that this means that IKO members can no longer kite at Crandon in Florida?)
IKO insurance is a blatant fraud. I invite the IKO to deny this allegation and/or accuse me of defamation.
PASA uses the same waiver as the IKO and the same insururer (First Flight Insurance), therefore I believe that the PASA policy is identical to the IKO's and if so, is just as fraudulent.
THE POLICY:
It is 56 pages of needlessly confusing legalese with constant exceptions, amendments etc. which needlessly refer back to other sections which make it as difficult as possible to determine what is covered and when.
THEIR LINK:
However, the IKO is so determined that you not be able to understand it that their link to their "policy"
actually only links to the last 49 pages and constantly refers to the MISSING FIRST SEVEN pages.
(Here is a link to the PARTIAL "insurance" policy: (Prepare to have your brain scrambled, numbed and turned to mush).
http://www.ikointl.com/docs/pdf/kiteboa ... policy.pdf
NON-EXISTENT "COVERAGE":
There are so many exclusions, amendments etc. that I couldn't count them all. However, a
FEW paragraphs which limit or eliminate supposed "coverage" which the IKO would have you believe you get follow:
EXAMPLE # 1:
STUDENTS ARE NOT COVERED:
On page 11, it says that
you're NOT covered if your STUDENT is injured during a lesson!
"WHO IS AN INSURED
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
Form CG 00 01 12 04, SECTION II – WHO IS AN INSURED (***) is amended by adding the following language immediately following Section 3 thereof:
“4. Each of the Individual Members of the Named Insured, but only with respect to
their liability arising out of “Covered Activities” as that term is defined in this
policy. However,
none of the Individual Members is an insured for “bodily
injury” or “property damage” suffered by a student of the Individual Member,
which occurs either in the course of or as a proximate result of the Individual
Member engaging in the business of instruction for hire in the sports of Power
Kiting.”
(***Note how this endorsement skips back to amend a previous part of the policy - coincidentally in the MISSING 7 pages - making it almost impossible to keep track of what is going on).
EXAMPLE # 2:
INSTRUCTORS ARE NOT COVERED:
Here's an excerpt from (missing) page 2, listing some
EXCLUSIONS:
"e. Employer’s Liability
“Bodily injury” to:
(1) An
“employee” of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured’s business; or
(2) The
spouse, child, parent, brother or sister of that “employee” as a consequence of Paragraph (1) above."
EXAMPLE # 3:
NOBODY IS COVERED:
Here's another excerpt from (missing) page 2, listing some
EXCLUSIONS:
g. Aircraft, Auto Or Watercraft
“Bodily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any aircraft,
“auto” or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and “loading or unloading”.
If you or your employee run someone over with your Personal Watercraft, boat etc. your "insurance"
doesn't cover you. This means that the "insured" would have to PAY these costs.
(I understand that some IKO instructor "certifications" REQUIRE use of boats and/or personal watercraft).
EXAMPLE # 4:
NO MEMBER WHO SIGNED THE UNCONSCIONABLE WAIVER IS COVERED:
Here is an EFFECTIVE EXCLUSION
disguised under "COVERAGE D – LIABILITY TO PARTICIPANTS:" on page 10: (lists when coverage IS supposedly provided).
"(5) In the case of “bodily injury”, prior to the time of the occurrence,
the injured “participant” had signed (or, in the cases where the
“participant” is under the age of 18 years, the “participant’s”
parent or legal guardian had signed) the International
Kiteboarding Organization
Release, Waiver and Assumption of
Risk Agreement and the same was
still in effect at the time of the
occurrence; and"
If the waiver was found to be
void due to unconscionability or other reasons, that means it was
NOT IN EFFECT and the "insured" would NOT have been "covered". Since the waiver is ridiculously unconscionable, this is likely. In fact,
if the insurance company wanted to GET OUT OF PAYING a large claim, they could point out that it is unconscionable. It would then be up to the CLAIMANT to prove it was NOT unconscionable.
If you have a sttrong stomach, you may want to try to read their waiver. Here is the link:
http://www.ikointl.com/docs/pdf/waiver- ... arders.pdf
The foregoing are by NO means the only serious flaws in the so called "insurance".
REMEMBER, THE REAL REASON MONEY MAKING ORGS LIKE THE IKO AND PASA PUSH THEIR BOGUS "CERTIFICATIONS" AND "INSURANCE" IS TO LIMIT ACCESS TO ONLY THEIR MEMBERS.
Once they have enough of a grip on enough sites, they can raise rates and create regulations as much as they want and
YOU'LL HAVE NO CHOICE but to comply.
Richard M.
Malibu Kitesurfing - since 2002
(310) - 430 - KITE (5483)
http://www.MalibuKitesurfing.NET
kfRichard@MalibuKitesurfing.NET