Liability Insurance Ends Punkin Chunkin

NO PUNKIN’ CHUNKIN’

Since 1986, bored rednecks in Delaware have been tinkering with giant medieval trebuchet devices, catapults, giant slingshots, and even custom-built air cannons with enormously long barrels all to launch pumpkins staggering distances. 

The basic idea of this concept is to launch a pumpkin as high and far as possible. Then, trusted folks on ATVs ride out to measure the distance. Crowds often hit 20,000 in number. These events continued to grow in both the size of the crowds and the power of the machines, as the events were even featured on Myth-Busters and other programs.

But last year they cancelled the event. This year was cancelled, too. Why? The lack of a company willing to write the liability insurance policy ended the raining of pumpkins.

It seems that there was just one lawsuit regarding a serious ATV accident, and that was settled. However, liability insurance for this event had to be a stretch. As fun as “punkin chunkin’” sounds, and it seems like it would be great, insurance companies are not necessary in favor of too much “fun” if that fun will likely lead to injuries and lawsuits.

Liability insurance companies will tell you that numerous and serious claims involving death and serious injuries come from activities involving large, powerful machines, drunkenness, the presence of children and the use of motor vehicles.

Let’s analyze what they may be considering here:

·      Rednecks on ATVs in uneven fields? Check.

·      Large, powerful machines that swing counterweights that can kill? Check.

·      Giant, pressurized air cannons that can explode? Check.

·      Heavy pumpkins falling unpredictably from high in the sky? Check.

·      Is there a better than even chance that many of the yahoos involved in these admittedly fun activities are drinking or even totally drunk? Check.

It is rare for me to come down on the side of insurance companies since I feel like I sue at least one almost every week of my life, but I kind of see their point here. It is reinforced by the names and categories of record holders they list:

Adult Air Category:   American Chunker, Inc.       4694.68 ft.    

Okay, that is almost a mile! This Navy-sized pressured-air-gun shot a pumpkin almost a mile! But, notice that is only one category. In the “Adult Catapult” competition, the “Fibonacci Unlimited II” launched its gourd some 2862.28 ft., or about half a mile. Not to be out done, the “Adult Centrifugal” entry  “Bad to the Bone” hit 3245.58 ft.

Did you notice that there were “Adult” categories? So, yes, not only are children present, they actively compete. These future engineers enter youth categories that even include a “10 and under” class. Even the names they selected sound ominous: “Jersey Devil,” “The Plague,” “Stomach Virus,” and “Colossal Thunder.” (I will the “Snot Rocket” an honorable mention, as well).

So, insurance companies, who watch that profit margin very carefully, have effectively ended the reign--and the rain—of the pumpkins.

NEED AN UMBRELLA?


Even if it’s not raining, you may need an umbrella. “Umbrella insurance,” that is. As an injury attorney who sees terrible accidents and tragedies every single week, I commend to you the idea of umbrella insurance.

Umbrella insurance is basically additional liability insurance. It is designed to help protect you and yours from major claims or lawsuits. Having $1,000,000.00 to pay out if you cause a huge loss protects your assets.

This unique kind of insurance provides additional liability coverage above the limits of your homeowners, auto, boat, ATV, and farm insurance policies. It affords more liability coverage on any rental units you may own. It kicks in when the liability limits on these other policies has been exhausted. Umbrella coverage also covers the odder claims that may be excluded by other liability policies including: false arrest, libel and slander.
Examples might include:

• Injuries to other parties due to a serious car accident where you are at fault, like rear-ending a full school bus.
• You show a gun to a guest and it goes off, causing them to lose their foot.
• Injuries sustained by a guest in your home due to a fall in that hole your son dug.
• Harm caused to the postal worker as a result of your dog attacking him.
• Damage claims incurred when your pet rips a friend's priceless oriental rug to shreds.
• Injuries sustained by a neighbor's child who fell off your trampoline.
• A child is found dead in your swimming pool.
• Someone trips over a crack in the sidewalk of your rental property and sues you for damages.

The odd cases of slander (an injurious spoken statement that is false) or libel (the same, only in written form) are indeed rare, but not unheard of.

Let's say you rear-end that school bus. The cost of the injuries you cause to others is $500,000. Let's further say that the Bodily Injury limit on your auto insurance is a generous $300,000. Your auto policy will cover $300,000 of the injuries. Your assets are in jeopardy for the rest. But your umbrella policy will cover the amount above the limit set in your auto policy, up to the limit you choose for your umbrella policy (usually $1,000,000.00).

Umbrella insurance is not that expensive. However, be aware that it requires a higher minimum bodily injury limit (usually $250,000-300,000) on your auto policy to qualify for an umbrella policy.