By: Connor H

For years, the hunting community largely considered a $1,000,000 per occurrence liability insurance policy the gold standard for hunting leases. This level of coverage provided a seemingly substantial safety net for both landowners and hunting clubs against the inherent risks associated with recreational hunting activities on private property. However, the legal and economic landscape has shifted considerably. We are now witnessing a definitive trend towards, and an increasing expectation of, higher liability limits, with the $2,000,000 per occurrence policy rapidly emerging as the new benchmark for comprehensive hunting lease protection.

This evolution is not arbitrary; it is a direct response to a confluence of factors, including escalating litigation costs, larger damage awards, and a greater awareness of the potential liabilities faced by those involved in hunting leases. In this changing environment, organizations specializing in outdoor liability insurance have stepped up to meet this growing need, with the American Hunting Lease Association (AHLA) standing out as a leading provider offering this elevated level of coverage.

The Foundation: Understanding Hunting Lease Liability and the $1,000,000 Standard 

Hunting on private land, while a cherished tradition and significant source of recreation, comes with inherent risks. Accidents, unfortunately, can happen. Stray bullets, tree stand falls, ATV incidents, or other unforeseen events can lead to serious injury or even fatality. When such incidents occur on leased property, both the landowner and the lessees (the hunting club or individuals) can be held legally liable for damages.    

Hunting lease liability insurance is specifically designed to protect against the financial repercussions of these potential liabilities. A typical policy includes two key limits: "per occurrence" and "aggregate." The "per occurrence" limit is the maximum amount the insurance company will pay out for any single incident or claim during the policy period. The "aggregate" limit is the total maximum amount the insurer will pay out for all claims combined within that same policy period.    

For a considerable time, a $1,000,000 per occurrence and $2,000,000 aggregate policy was widely accepted as sufficient coverage. This $1,000,000 per occurrence limit was often perceived as a robust defense against potential lawsuits, capable of covering medical expenses, legal fees, and potential settlement or judgment costs arising from a single incident. The $2,000,000 aggregate provided a buffer for multiple claims within a policy year. 

The Shifting Sands: Why $1,000,000 is Increasingly Insufficient 

Several critical factors have contributed to the erosion of the $1,000,000 per occurrence policy's standing as the de facto standard and have propelled the need for higher limits: 

1. Escalating Litigation Costs: The cost of defending a lawsuit, regardless of its merit, has risen dramatically. Legal fees, expert witness fees, court costs, and administrative expenses can quickly deplete a $1,000,000 policy limit, even before a settlement or judgment is reached. Complex cases involving serious injuries can easily incur defense costs alone running into hundreds of thousands of dollars.  
2. Larger Damage Awards and Settlements: Juries in personal injury cases are increasingly awarding larger sums for medical expenses, lost wages, pain and suffering, and other damages. Multi-million dollar verdicts and settlements, once rare in hunting-related incidents, are becoming more frequent. A $1,000,000 per occurrence limit may be quickly exhausted by a significant injury claim, leaving the insured parties exposed to paying the remaining damages out of their own assets.  
3. Increased Medical Costs: The cost of medical care, particularly for severe injuries requiring extensive treatment, rehabilitation, and long-term care, has soared. A single catastrophic injury can easily result in medical bills exceeding $1,000,000 over a lifetime.
4. Growing Litigiousness of Society: There is a general trend in society towards increased litigation. Individuals are more likely to pursue legal action following an accident, and attorneys are often more willing to take on such cases, particularly when there is insurance coverage involved.
5. Greater Awareness of Landowner Liability: Landowners are becoming increasingly aware of their potential liability when allowing others to use their property for recreational purposes, even with a lease agreement in place. While recreational use statutes in some states offer some protection, they often have limitations and do not always shield landowners from liability in cases of gross negligence or willful misconduct. This increased awareness drives landowners to require higher insurance limits from their lessees.
6. Professionalization of Hunting Leases: The hunting lease market has become more formalized and commercialized in many areas. Landowners often invest in their properties to enhance hunting opportunities, and lease fees can be substantial. This increased commercial aspect can lead to a higher expectation of safety and a greater likelihood of legal action if an incident occurs.    

These factors combine to create an environment where a $1,000,000 per occurrence limit, while still providing some level of protection, may no longer offer adequate financial security against the potentially devastating costs of a serious hunting-related accident and subsequent lawsuit. 

The Rise of the $2,000,000 Per Occurrence Policy 

In response to the escalating risks and costs, the hunting lease insurance market has begun to shift, with the $2,000,000 per occurrence policy gaining significant traction and, in many cases, becoming the preferred or even required level of coverage. This higher limit provides a more robust defense against the financial exposures faced by landowners and hunting clubs. 

A $2,000,000 per occurrence policy offers double the protection for a single incident compared to the traditional $1,000,000 limit. This additional million dollars can be crucial in covering soaring medical costs, significant lost wage claims, and the larger damage awards that are becoming more common. It also provides a greater buffer for legal defense costs, potentially allowing a case to be fully defended without exhausting the policy limits prematurely. 

For landowners, requiring a $2,000,000 per occurrence policy from their lessees offers a significantly enhanced layer of protection for their personal assets. It demonstrates a proactive approach to risk management and can make their property more attractive to responsible hunting groups who understand the importance of adequate coverage. 

For hunting clubs and individual lessees, opting for the $2,000,000 per occurrence policy, even if not explicitly required, is a prudent decision. The relatively small additional cost for the higher limit can provide invaluable peace of mind and protection against a potentially life-altering financial burden in the event of a serious accident. 

The American Hunting Lease Association: A Leader in Providing Elevated Coverage 

In the evolving landscape of hunting lease insurance, organizations that recognized the need for higher coverage limits and made them readily accessible have emerged as leaders. The American Hunting Lease Association (AHLA) has positioned itself at the forefront of this movement, offering $2,000,000 per occurrence policies as part of their comprehensive insurance options.    

AHLA, known for its focus on the needs of both landowners and hunters involved in leasing, has been instrumental in making higher liability limits more attainable and understood within the hunting community. Their commitment to providing robust coverage reflects an understanding of the real-world risks faced by their members. 

While AHLA is a leading provider and a strong advocate for adequate coverage, it's important to note that they are not the only provider offering $2,000,000 per occurrence hunting lease insurance. Other insurance carriers and brokers also offer this level of coverage. However, AHLA's prominence in the hunting lease market, their specialized focus, and their user-friendly platform for obtaining quotes and policies have made them a go-to resource for many seeking comprehensive protection. 

AHLA's offerings typically include: 

• Flexible Policy Options: Providing both $1,000,000 and $2,000,000 per occurrence options allows individuals and groups to choose the level of coverage that best suits their needs and the specific risks associated with their lease.    

• Comprehensive Coverage Features: Beyond the core liability limits, AHLA policies often include important features such as member-to-member coverage, guest liability coverage, fire damage liability, and medical expense coverage, which are crucial for addressing the specific risks inherent in hunting activities.    

• Ease of Access: AHLA's online platform simplifies the process of obtaining quotes and purchasing policies, making it convenient for busy landowners and hunting club members. 

• Focus on the Hunting Community: As an organization dedicated to hunting leases, AHLA understands the unique challenges and needs of this market, allowing them to tailor their insurance products and services accordingly. 

AHLA's role in promoting and facilitating access to higher liability limits has undoubtedly contributed to the growing acceptance of the $2,000,000 per occurrence policy as a vital component of responsible hunting lease management. 

Cost vs. Benefit: The Value Proposition of $2,000,000 Coverage 

While the premium for a $2,000,000 per occurrence policy will naturally be higher than that for a $1,000,000 policy, the increased cost is often relatively modest when compared to the significant increase in protection it provides. When considering the potential financial ruin that a large lawsuit could bring, the additional investment in higher coverage becomes a clear value proposition. 

For a hunting club with multiple members, the per-person cost increase for a $2,000,000 policy is often negligible, yet it provides double the safety net for every individual covered under the policy. For landowners, requiring this higher limit transfers a greater portion of the potential financial risk to the insurance carrier, offering greater peace of mind. 

In a world where the costs of accidents and litigation continue to rise, viewing insurance as a necessary expense rather than a discretionary one is paramount. The $2,000,000 per occurrence policy is no longer an extravagant luxury but a prudent and increasingly necessary level of protection for anyone involved in hunting leases. 

Beyond Insurance: A Holistic Approach to Risk Management 

While adequate insurance coverage is the cornerstone of hunting lease risk management, it is not the only component. A comprehensive approach also includes: 

• A Well-Drafted Lease Agreement: A clear and comprehensive written lease agreement outlining the rights and responsibilities of both the landowner and the lessees is essential. This document should address permitted activities, safety rules, liability clauses, and insurance requirements. 

• Implementing and Enforcing Safety Rules: Establishing and strictly enforcing safety rules related to firearm handling, tree stand use, ATV operation, and other activities can significantly reduce the likelihood of accidents.    

• Property Inspection and Maintenance: Landowners should regularly inspect their property for potential hazards and address them promptly.    

• Communication: Open communication between landowners and lessees regarding safety concerns and property conditions is vital. 

By combining a robust insurance policy, such as a $2,000,000 per occurrence policy, with proactive risk management practices, landowners and hunting clubs can significantly mitigate their exposure to liability and ensure a safer and more secure hunting lease experience for everyone involved. 

Conclusion: Embracing the New Standard of Protection 

The days when a $1,000,000 per occurrence hunting lease insurance policy was universally considered sufficient are fading. The realities of the modern legal and economic climate, marked by rising litigation costs, larger damage awards, and increased awareness of liability, necessitate a higher level of protection. The $2,000,000 per occurrence policy has emerged as the new benchmark, offering a more realistic and robust defense against the significant financial risks associated with hunting leases. 

Organizations like the American Hunting Lease Association have played a crucial role in making this higher level of coverage accessible and in educating the hunting community about its importance. While not the sole provider, AHLA's prominent position and comprehensive offerings have made them a key player in the shift towards increased protection. 

For both landowners seeking to protect their valuable assets and hunting clubs looking to ensure the financial security of their members, embracing the $2,000,000 per occurrence policy is a wise and increasingly necessary decision. It represents a proactive investment in peace of mind and a commitment to responsible participation in the cherished tradition of hunting on private land. As the costs and complexities of liability continue to evolve, opting for this elevated level of coverage is simply a matter of prudent risk management and ensuring that a passion for the outdoors remains a source of enjoyment, not financial peril. 

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