Homeowner's Insurance in Rural Maine - Chesterville

[fried1765]

In Maine, in an effort to support landowners allowing others to enjoy (hunt, ATV's, hiking, swim, fire wood, logging, etc) their land, there is a long standing LAW in Maine that as long as the landowner is not charging a fee for an activity, they are not liable for anything. As far as I know, this law has never failed a landowner. Landowner Liability: Accessing Private Land: Hunting & Trapping: Maine Dept of Inland Fisheries and Wildlife

That is a WONDERFUL law!

 

[saxnbees]

In Maine, in an effort to support landowners allowing others to enjoy (hunt, ATV's, hiking, swim, fire wood, logging, etc) their land, there is a long standing LAW in Maine that as long as the landowner is not charging a fee for an activity, they are not liable for anything. As far as I know, this law has never failed a landowner. Landowner Liability: Accessing Private Land: Hunting & Trapping: Maine Dept of Inland Fisheries and Wildlife

Thank you for that information. I did not know that law existed.

As for previous comments about insurers not allowing hunting, we have not been asked a question concerning that. The questions have been focused around type of electrical service, plumbing, age of roof, etc.

And the comment about different insurers for each property; That is what we were trying to do. We had one insurer set up for the NJ home and were trying to find a different insurer for Maine because the NJ insurer does not do business in Maine. Because the new NJ insurance was to become effective tomorrow and we did not have replacement coverage for Maine, we decided to cancel the new policy and keep what we currently have until such time that we can replace the Maine coverage. We did not realize Maine would be such a hassle. So now we will have to work on getting Maine coverage and then return to the NJ insurer to write a new policy.

 

[HillStreet]

This law is supported by the recreation associations in Maine too. I have land up north and it has a snowmobile trail on it. Thee area/regional recreation organization contacted me to say they want to continue using the trail and wanted permission, telling me the organization will indemnify me for up to $350,000 for any accidents. I also insure the land through my homeowners insurance. There is nothing else there, just raw land.

As far as the insurance company requiring painting. I have never heard of that, especially since any insurance loss has to be 都udden and accidental by definition, and no insurance company will replace your siding or trim if it rots.

Insurance companies, most anyway, are Insurance Services Offices (ISO) companies that share data and rate-making services. ISO goes out to all towns and set property rates by evaluating things such as Fire Departments (staffing, vehicles, size etc) and they also conduct tests of water systems in the towns. From that data, they set rates for base coverage. New York City has fine fire protection and water supply systems. ISO rates town by numbers, 2 is an excellent town, 10 is the worst town (speaking strictly insurance rates) and also talk about crime date too. Rural Maine would likely be a 鼎lass 10 town with no public water supply and a volunteer fire department. Insurance companies cannot say 展e don稚 write coverage in this town because that would be 途ed lining? so they raise rates to discourage business in those areas. They will get their 途ate for being in class 10, plus some charges probably for age, condition, etc. As to the painting to control lead based paints? The coverage would probably exclude lead paint contaminants anyway, so how can they do that? Did you ask them what was the basis for that recommendation? What law allows it? Who requires it other than the insurance company, ask them?

Also, I would call the governors office (they have a hot line for all state matters, its very good) and get a definitive answer. If it is legal, then ask them about raising your deductible to $5000 or so so you are covered for severe losses, but the company will also provide debris removal and clean up. Best of luck.

 

[TheMan419]

I would imagine letting someone hunt on your property would be a huge liability most insurance companies wouldn't want.
No way would I let someone hunt on my land. Too much liability there.
My insurance company would most likely cancel my policy if I were to let people hunt my land

We had a couple friends that wanted to hunt our land. I called the insurance company. They said as long as I was not charging a fee for the friends to hunt it was covered by my homeowners policy. If I charged then I needed a commercial policy. Indiana (as I am sure most states do) has some good laws protecting homeowners who allow hunting. All hunters know there are inherent risks in hunting. Fire arms are involved so the risk of injury or death is certainly present.

 

[kenmac]

We had a couple friends that wanted to hunt our land. I called the insurance company. They said as long as I was not charging a fee for the friends to hunt it was covered by my homeowners policy. If I charged then I needed a commercial policy. Indiana (as I am sure most states do) has some good laws protecting homeowners who allow hunting. All hunters know there are inherent risks in hunting. Fire arms are involved so the risk of injury or death is certainly present.

As long as you have enough Homeowners to cover you in case of someone was accidentally killed.
I have regular Homeowners along with an additional 2 mil umbrella policy. I'm still not going through with the head ache it would cause.
When something bad happens, they don't actually sue the insurance company. They sue you.
Even though the insurance (hopefully) will step in and take care of the money part. You are the one that goes through the stress of it all

 

[JamesHW]

New York State also protects landowners from lawsuits;

Whether the property is posted or not, the New York General Obligations Law (Section 9-103) protects landowners from liability under a particular condition: the person is not paying you to access the property. This includes trespassers and the people you give permission to hunt, bird watch, or hike on your property. Because of this protection, recreational liability lawsuits against rural landowners are uncommon. Recreational activities covered in the law include: hunting, fishing, picking (berries, plants, etc.) canoeing, boating, trapping, hiking, cross-country skiing, tobogganing, sledding, caving activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation for recreation (ATVs), snowmobiling, non-commercial wood cutting or gathering, and even dog training.

 

[Jstpssng]

Interesting. I never heard of anything like that in Maine. The problem these days is that people will sue for almost any reason even if they were the cause of the accident. So, I'm not sure the issue is limited to hunting. But, we like to be neighbourly and a little of that can go a long way.

The law stated above protects the landowner against accidental injury from recreational activity as long as they aren't charging a fee, and sometimes if they are. There's a provision which allows the judge to award damages to the landowner if the other party loses their case. Ambulance chasers must really hate that provision, since the law was enacted in 1970 there have been exactly 0 successful lawsuits.


This summary of the law came from the Maine Forest Service website, but was originally published by the Small Woodlot Owners Association of Maine (SWOAM) or whatever they are calling themselves now.

Landowner Liability Law in Maine


This information was printed in the SWOAM (Small Woodland Owners Association of Maine) monthly newsletter. If you wish to join SWOAM, or contact them, please use the contact information provided.



The law, as written, can be accessed by clicking on the provided link at the bottom of the page.



MAINE Landowner Liability Explained



This information applies to individuals, businesses, nongovernmental organizations and other non-governmental entities that own, manage, lease, occupy or hold easements on land.



If someone comes onto my land and gets hurt, am I liable?
No, except in rare circumstances. Maine has a strong law to protect landowners, known as the "landowner liability" law (or the "recreational use" statute), Title 14, M.R.S.A. Section 1 59-A.

If someone uses your land or passes through your land for outdoor recreation or harvesting, you assume no responsibility and incur no liability for injuries to that person or that person's property. You are protected whether or not you give permission to use your land. If you allow volunteers to maintain or improve your land for recreation or harvesting, you are also protected from liability for injuries to them.

What does the law mean by "outdoor recreation" and "harvesting"?

Outdoor recreational activities include: hunting, fishing, trapping, camping, hiking, sight-seeing, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, dog sledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming and other similar outdoor activities. Recreational activity also includes environmental education and research. Harvesting includes harvesting of forest, field and marine products such as boughs, fiddleheads, and clams. You are protected even if the person using your land is harvesting the products for sale. Of course, the law does not protect an employer from liability for injuries suffered by workers in agriculture or forestry, not does it protect the owner who charges users for the right to harvest, such as "U-pick" operations.

Is the legal protection the same if I post my land "No Trespassing"?

Yes. As a practical matter, your legal protection is the same whether or not the land is posted.

Is it still possible for me to get sued in spite of the landowner liability law?

Yes, but it is very unlikely for two reasons: (1) a person who brings suit and loses because of the landowner liability law must pay the landowner's legal fees and court costs, and (2) the law protects landowners so clearly that there is little opportunity for the injured person to win. In fact, there has not been a single reported successful case against a landowner where the Maine landowner liability law applied.



Does my homeowner's or farmer's Insurance provide me with protection from claims?
Your homeowner's or farmer's liability insurance gives you important protection. The insurance company has two responsibilities under most policies. The company has the duty to pay for the costs of defending any lawsuits brought or threatened against you (the "duty to defend"). In addition, if you are found liable in a lawsuit, the insurer has the duty in most circumstances to pay the damages assessed against you (the "duty to indemnify").

Although each insurance policy has specific coverage and dollar amount limits, most personal injury actions against landowners will fall squarely within the coverage provided by most home and farm liability policies._For all practical purposes, these policies assure landowners of a paid defense of any claims made against them and assure that judgments against them will be satisfied up to the dollar amount of the policy limit. Be sure to check with your carrier regarding your specific coverage.

Are there situations in which the landowner liability law does not protect me from liability?

Yes, The landowner liability law does not provide protection if a person is injured because of the landowner's "malicious" failure to guard or warn against a dangerous condition. "Malicious" does not mean that you must have a conscious dislike for the person.

Malicious intent may be inferred when the landowner has knowledge of a highly dangerous situation, usually man-made, that would have been simple to remedy or warn against and the landowner failed to do so, knowing that people would be likely to be hurt.

Am I still covered by the landowner liability law if I charge a fee to use my land?
Maybe. In general, landowners running commercial recreation or harvesting operations on their land are not protected. For example, commercial campgrounds or ski areas cannot expect to be protected by the law.

But landowners do not automatically lose their protection if they charge fees. The landowner liability law applies to landowners who charge fees for entry as long as the land is not used mainly for commercial recreation as long as the payment is not for exclusive use, such as club membership or rental for an event or campsite.

A Word of Practical Advice

Use common sense. Try to avoid creating or allowing clearly dangerous situations. For example, if you wish to block a road by hanging a chain, it would be a good idea to flag the chain or take some other action to make it easily visible.

Also, the best advice regarding fees is not to charge them. Otherwise, you may have to prove that the land is not used primarily for commercial recreation and that the user did not gain any exclusive right to use the land.

This information was prepared by the Androscoggin land Trust with assistance from the Rivers, Trails and Conservation Assistance program of the National Park Service; the trial group at Skelton, Taintor & Abbott, P.A.; Maine Coast Heritage Trust; and many other individuals. The publication was funded through the National Recreational Trails Fund Act (Symms Act).

The information contained in this brochure is only a summary.
Please consult a lawyer for more detailed information and advice specific to your situation. You may also contact the landowner relations coordinator in the Maine Department of Inland Fisheries and Wildlife who works with landowners and land users on issues of access (207) 287-8091 }.

 

[TheMan419]

As long as you have enough Homeowners to cover you in case of someone was accidentally killed.
I have regular Homeowners along with an additional 2 mil umbrella policy. I'm still not going through with the head ache it would cause.
When something bad happens, they don't actually sue the insurance company. They sue you.
Even though the insurance (hopefully) will step in and take care of the money part. You are the one that goes through the stress of it all

I知 well insured. Not worried about the stress of a lawsuit. Ins co foots the bill. In the industry I work in I get sued from time to time. Insured for those issues too. Big law firm gets hired by ins co. Case gets settled. Move on.

 

[BAP]

In Maine, in an effort to support landowners allowing others to enjoy (hunt, ATV's, hiking, swim, fire wood, logging, etc) their land, there is a long standing LAW in Maine that as long as the landowner is not charging a fee for an activity, they are not liable for anything. As far as I know, this law has never failed a landowner. Landowner Liability: Accessing Private Land: Hunting & Trapping: Maine Dept of Inland Fisheries and Wildlife

I believe that most all the states in the Northeast have those kind of laws, I know New Hampshire does.