Insurance for hunting private land

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  • OldBay

    Member
    Apr 26, 2020
    35
    MD
    My neighbor lets me bow hunt his property. Its a small 2 acre lot, backs up to 60 acres. The DNR hunting permission form says "In return for the privilege of hunting and/or trapping on this private property, I agree to obey the laws, and to observe all safety precautions and practices, and to take every precaution against fire, and to assume all responsibility and liability for my person and my property while on the landowner’s property."

    He and I are fine with the DNR form, but his insurance agent at State Farm is concerned that I would sue him if something bad happened to me. Or, conceivably, another neighbor could have an issue that would involve damages. Apparently the DNR language is not enough for State Farm.

    Does anyone have experience with getting insurance to hunt private land? I know in formal hunting leases, this would be required, but I don't know anyone who has ever had to get insurance outside of a lease situation. I checked the book and no mention of this being a requirement.
     

    Pale Ryder

    Ultimate Member
    Jan 12, 2009
    6,234
    Millersville
    Did he ask his insurer? Otherwise how would State Farm even know about the agreement?
    I don’t have an answer, but years ago I tried to explain it to a landowner and got nowhere. Some people are skittish. I’m sure one of our attorney’s can set it straight.
     

    Kman

    Blah, blah, blah
    Dec 23, 2010
    11,988
    Eastern shore
    You should check with your homeowners carrier.
    Homeowners policies have personal liability coverage. This provides coverage and defense costs, to a limit, if you accidentally injure someone or damage property.
    The lease agreement will indemnify him and hold him harmless for your activities while on his land.
     

    Antarctica

    YEEEEEHAWWW!!!!
    MDS Supporter
    Sep 29, 2012
    1,728
    Southern Anne Arundel
    I'm pretty sure that there is a law in MD that precludes the ability to sue the landowner that you have permission to hunt from. My understanding it was put in place to protect property owners so that they din't bear liability for hunters, thereby making them more likely to open up land.

    That said, why not just set up a release that you sign that says you are responsible for anything that happens as a result fo your actions hunting on his property? I know other landowners that have done this...
     

    pre64hunter

    Active Member
    Mar 19, 2010
    643
    Harford County
    Insurance Company Suing Insurance Company


    One problem is suppose you slip on some ice and break a bone. Your health insurance pays your medical bills then they turn around and sue the landowner's insurance company to recoup their loss. Car insurance can work the same way. With an injury accident, if you sue or receive a settlement, your health insurance can ask you for their money back.
     

    Clark W. Griswold

    Active Member
    Oct 5, 2009
    929
    Anyone can sue anyone for anything. Doesn’t mean they will win. I know the health insurance company was very interested in trying to find someone else to foot the bill when I injured myself on someone else’s land. In that case it was national forest but they still pushed the issue. I finally told them it was my fault and no one else’s that I was injured.

    The recreational use statute does protect the landowner and hold the user liable for damages, but that won’t stop someone from filing a suit. If you were leasing the land, a liability policy would almost certainly be required by the lease. You may need to enter into a no-cost lease agreement to find a company that would insure you

    There are a couple of companies that specialize in hunt club insurance. A simple policy that covers any accident you may have as well as protect you in the event you cause damage to their property is not likely to cost much. Call a couple of them and ask. I’m sure they’ve handled this exact scenario on several occasions.

    If his insurance company decides to raise his premiums because he’s allowing you to hunt there, it may end that privilege.
     

    OldBay

    Member
    Apr 26, 2020
    35
    MD
    I'm pretty sure that there is a law in MD that precludes the ability to sue the landowner that you have permission to hunt from. My understanding it was put in place to protect property owners so that they din't bear liability for hunters, thereby making them more likely to open up land.

    That said, why not just set up a release that you sign that says you are responsible for anything that happens as a result fo your actions hunting on his property? I know other landowners that have done this...

    Yes, you are 100% correct. Confirmed the Maryland recreational statute protects the landowner. I sent him the Bulletin EB357 and he is now fine with our written agreement.
     

    Archeryrob

    Undecided on a great many things
    Mar 7, 2013
    3,064
    Washington Co. - Fairplay
    I had this stuff saved.

    Natural Resources Article § 5-1101
    (a) In this subtitle the following words have the
    meanings indicated.
    (b) (1) "Charge" means price or fee asked for
    services, entertainment, recreation performed, or
    products offered for sale on land or in return for
    invitation or permission to enter or go upon land.
    (2)***** "Charge" does not include:
    (i) The sharing of game, fish, or other products
    of recreational use;
    (ii) Benefits to the land arising from the
    recreational use; or
    (iii) Contributions in kind or services to promote
    the management or conservation of
    resources on the land

    5-1102.
    (a) The purpose of this subtitle is to encourage any
    owner of land to make land, water, and airspace above
    the land and water areas available to the public for any
    recreational and educational purpose by limiting the
    owner's liability toward any person who enters on land,
    water, and airspace above the land and water areas for
    these purposes.

    5-1103
    Except as specifically recognized by or provided in
    § 5-1106 of this subtitle, an owner of land owes no duty
    of care to keep the premises safe for entry or use by
    others for any recreational or educational purpose, or to
    give any warning of a dangerous condition, use,
    structure, or activity on the premises to any person who
    enters on the land for these purposes.

    5-1106.
    The provisions of this subtitle do not limit in any way
    any liability which otherwise exists for willful or
    malicious failure to guard or warn against a dangerous
    condition, use, structure, or activity; or for injury
    suffered where the owner of the land charges the person
    who enters or goes on the land for recreational or
    educational use. However, if land is leased to the State
    or any of its political subdivisions, any consideration the
    owner receives for the lease is not a charge within the
    meaning of this section.
     

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