June 27, 2022 UPDATE
Yesterday, a 7-year-old girl drowned in a pool that a homeowner reportedly rented, through Swimply, to a group that allegedly included about 15 children:
Presumably since my initial blog post about Swimply, the company now includes liability insurance of up to $1,000,000 to renters. Limited information about this coverage and some exclusions can be found here:
The question is, how much is the life of a 7-year-old child worth? Quite likely more than a million dollars. As discussed in the original blog post, most homeowners policies do not cover liability for “business” activities and it’s quite possible, perhaps likely, that this exposure would be considered a business activity. Some umbrella policies might provide coverage, but given the prevalence of ‘following form’ policies and the use of business exclusions in umbrella policies, they are unlikely to be reliable sources for coverage.
More likely the best risk management approach to renting out your swimming pool is avoidance…don’t do it.
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