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gus

uk axa travel insurance

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Here's my email conversation with Speciality Risk:

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Hi,

I'm a Brit who's travelling to Florida in November and looking for travel insurance, I just have a quick question: in the Liason International Brochure it lists parachuting as one of the sports that can be covered under the Hazardous Sports Coverage, does your definition of 'parachuting' include BASE jumping?

Thanks very much,

Gus



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Please define BASE jumping.



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BASE jumping is using a parachute to jump from fixed objects such as buildings, antennae, bridges and cliffs. I've been told that previously you've included it as part of 'parachuting' but I just wanted to check.

Thanks,

Gus



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Hi Gus,

Base jumping will be covered when you purchase the hazardous sports rider, if you would not be committing a felony by jumping without permission or illegally.



Gus
OutpatientsOnline.com

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Would you be willing to ask them if a misdemeanor jump would be covered? There are actually quite a few jumps that can be done with misdemeanor trespass, but not felony (or is that distinction not made in UK law?).
-- Tom Aiello

[email protected]
SnakeRiverBASE.com

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I'm happy to ask, the person I've been emailing has been really helpful so I don't think they'll mind. What's the difference between a misdemeanor and a felony?

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or is that distinction not made in UK law?



I have no idea.

Gus
OutpatientsOnline.com

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In U.S. law, there are two big divisions in the classification of crimes (and several smaller divisions, which vary from state to state).

The legal dictionary at law.com defines felony:

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felony
n. 1) a crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine. 2) a crime carrying a minimum term of one year or more in state prison, since a year or less can be served in county jail. However, a sentence upon conviction for a felony may sometimes be less than one year at the discretion of the judge and within limits set by statute. Felonies are sometimes referred to as "high crimes" as described in the U.S. Constitution.



and misdemeanor:

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misdemeanor
n. a lesser crime punishable by a fine and/or county jail time for up to one year. Misdemeanors are distinguished from felonies, which can be punished by a state prison term. They are tried in the lowest local court such as municipal, police or justice courts. Typical misdemeanors include: petty theft, disturbing the peace, simple assault and battery, drunk driving without injury to others, drunkenness in public, various traffic violations, public nuisances and some crimes which can be charged either as a felony or misdemeanor depending on the circumstances and the discretion of the District Attorney. "High crimes and misdemeanors" referred to in the U.S. Constitution are felonies.



Most BASE busts have been prosecuted as either trespass or disturbing the peace, both of which are misdemeanors.

Edit to add: The fact that Specialty Risk is in Indianapolis (USA) makes me think they are conversant with the difference, and are using the term "felony" precisely in their correspondence with you. It's often possible in U.S. jurisdictions to plea bargain (admit guilt to a lesser charge) if you hire an attorney (to show the prosecutors that you are serious about fighting the charges), which might drop any felony charges to a misdemeanor--obviously this would be something to consider of your insurance would pay out for misdemeanors but not felonies.
-- Tom Aiello

[email protected]
SnakeRiverBASE.com

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I was using Specialty Risk for my visits to lands where BASE jumping is accepted. I figured having a $1 million policy might smooth things over if I needed the assistance of a helicopter - especially in a really sensitive area like LB.

Exclusion #4 in their brochure (http://www.specialtyrisk.com/brochure/Li-onln.htm) only mentions that a felony offense is excluded. Interesting...

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Quote


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or is that distinction not made in UK law?


I have no idea.



I'm not a lawyer and I don't play one on TV but UK law is split into Civil and Criminal. From http://www.consumereducation.org.uk/laws/english/legalrights/04.htm

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The Civil Law deals with the rights and duties of one individual to another
...
If you lent something to a friend who refused to give it back, that too would be dealt with by civil law. Your friend wouldn't be a criminal but he or she is certainly a nuisance and you could sue for the return of your property.



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The Criminal Law is concerned with establishing social order and protecting the community as a whole. It gives us a set of rules for peaceful, safe and orderly living. People who break these laws can be prosecuted and if found guilty they could be fined or sent to prison, or both.



As far as I know, trespass is a Civil offence, but breaking and entering or damage when accessing an object is Criminal. Endangerment or Nusiance are Criminal too but could be more difficult to prove. Some objects, such as Spans have by-laws which makes it a criminal offence to access them without permission.
Skydiving Fatalities - Cease not to learn 'til thou cease to live

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US law also makes the civil-criminal distinction.

Trespass can be either (I believe this is also the case in English law) civil or criminal.

In other words, the property owner can take legal action to remove you (or prevent you from entering) his property or the government can begin criminal proceedings. Either one (and sometimes both)--but for BASE the more common is the criminal trespass (as a misdemeanor) case. Criminal trespass commonly results in fines (I know of one case in which a jumper plea bargained down to a $50 criminal trespass ticket).
-- Tom Aiello

[email protected]
SnakeRiverBASE.com

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Here is my latest conversation with Speciality Risk:

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Does that mean if I incurred an expenses as a result of or in connection with a misdemeanor (as opposed to a felony) I'd be covered?



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That would be reviewed once we received all of the information that is contained in the police report. I can not make any guarantees that it would be covered, because that would be misleading. Sorry this isn't more helpful.



Gus
OutpatientsOnline.com

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Just to say that I've just taken out a policy with M+S insurance services (marks and spencer for those across the pond).

Decided to book "hazardous activity" insurance for skydiving and was asked if I wish to add any specific items - I queried what COULD be added and was told "BASE JUMPING" amongst other things - suffice to say I signed up for an annual worldwide multi-trip policy with no excess INCLUDING BASE for the grand some of £90 ...

Good old M+S !!!! B|

Now I just need to do my FJC !!!

(I bet they change the policy once everyone phones in !!!!) :P

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Good old M+S !!!!



Awesome!

Thanks dude, I've just taken one out as well. The guy I spoke to said "Isn't that jumping off clifs? You're mad!".

My one concern is that the policy is underwritten by our old friends at Axa but I got him to confirm that BASE will be explicitly listed on my policy document so it should be ok.

Gus
OutpatientsOnline.com

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I was concerned by it being underwritten by AXA. Just tried with them and was told BASE jumping wasn't covered due to it "being illegal" and "no one would cover it". So Gus, check your paper-work when you receive it. If it does state BASE jumping then you've been lucky, although I wonder if the cooling off period works both ways i.e. for the issuer also. If not, you may be sending your policy back. Sorry if this has spoilt it for anyone...
Skydiving Fatalities - Cease not to learn 'til thou cease to live

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I hope that they have to honour it if it's listed on the policy ... I'm not sure about the cooling off period though ...

We'll have to see what comes in the post - only one downside is that I'm off to the US at 5am tomorrow and will not be able to check the paperwork :D

But I knew that they'd probably change the policy once people started to query it !!!!:P

To be honest I was just surprised that it was OFFERED TO ME (when I asked for their list of hazardous sports) - rather than me asking about it !!!

By the way - does anyone know where I can insure my rig for more than the £300 limit that most places seem to charge per single item (household insurance is no good for me as I don't have a house at the moment - I sold it to go jumping !!!) :$

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I got my stuff through the post over the weekend, the policy schedule reads:

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Hazardous sports or activities included: Base jumping



Gus
OutpatientsOnline.com

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FANTASTIC - looks like it's going be my week (Lovely BA stewardess bumped me up out of economy after my vid screen didn't work properly !!!)

All I need now is for a lottery win and my FJC !!!:P

I'm glad that Gus managed to get his cover too ....

Off to NZ via LA today - long flight which I'm not looking forward to !!! :S

Lets see if my luck holds again with Qantas !!!

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