A NON-PROBLEM RE VESSEL SAFETY CHECKS By Doug Kerr, National Treasurer (originally published in The Ensign) Recently there have been some issues raised about potential liability with regard to the Vessel Safety Check (VSC) Program. A few members are concerned about being named as defendants, along with USPS, in lawsuits based on alleged negligent performance of VSC examinations. As the National Treasurer I am responsible for USPS' insurance policies. So, with advice from the Law Officer, R/C Rice, and his staff, I will address these concerns. First, the VSC Program is a bona fide United States Power Squadrons activity. Further, an analysis of the program shows that there is minimum risk of liability. Also, there are substantial defenses available to defeat any related court action. Remember that meeting the requirements for a VSC sticker only means that the vessel has on board the safety equipment referenced on form 204. It does not guarantee the serviceability or adequacy of any equipment on board nor the seaworthiness of the vessel. Second, your National Bridge and Operating Committee believe that USPS has adequate liability insurance to protect USPS, its districts, squadrons and members from potential litigation related to the VSC Program. The existence of an insurance policy does not preclude the commencement of an action against a member or USPS. However, our commercial general liability insurance policy will protect you and the organization if court action is commenced. Our insurance carrier will provide both a defense as well as indemnity to the extent of the policy limits. Also, there is an appropriate amount of Directors' and Officers' insurance in place to cover national, district and squadron officers. Considering all of this, the fear of potential litigation should not deter members from participation in this fine program. As in all activities, normal caution, common sense and, in this case, adherence to the VSC training manual will minimize any potential risk of claims. Make sure to use the USPS version of form 204. In that version, the owner/ operator specifically acknowledges that the award of the decal is not a warranty or guarantee of the skills of the operator or the seaworthiness of the vessel. If you have further questions or comments, please contact me at Doug Kerr. I hope that I have been of some help to you in this matter. Also see Policies and Procedures VSC Main Page USPS Members Page USPS Public Page