The NOHVA Jamboree
planned for June 5, 6 and 7 is CANCELLED as we cannot obtain
insurance for the event.
In order to have the
event we MUST HAVE liability insurance. We have been looking
for a new liability policy since March, but it is almost
impossible to find insurance to protect us from accident claims
- when several lawsuits are pending involving an accident
claim. Currently at least one or two lawsuits against us are
asking for a large amount of money to pay for medical bills
involving an accident that occurred at the Headworks OHV Park
near Genoa on June 22, 2013. I can only provide limited details
as the law suit is in progress.
In March of this year
we received a notice from our insurance company that they will
not be renewing our general liability insurance this year and
our current policy expires May 30, 2015.
There are several
reasons for the cancellation. The main reason involves two
law suits from the June 22, 2013 accident. This accident
occurred two weeks AFTER the 2013 NOHVA Spring/summer Jamboree.
The first we heard of the accident was January 10, 2015 when we
received a notice that the first law suit was dismissed without
Prejudice on January 6, 2015 in Nance County court.
While we like to
believe that we had no liability in this case, it is up to the
court to decide. We are hoping that there is no liability to
NOHVA or Loup Power under the Nebraska Recreational Liability
Act. The Nebraska Recreational Liability Act states that there
is no liability to the land owners if some one is injured
provided the land owners did not purposely create a hazard that
would injure someone. I do not know if this covers groups like
I know people have a
lot of questions after they hear this news, I have some answers
to questions that I have already been asked.
Will there be a
Fall Jamboree or any other Jamborees? We donít know. There
will not be a fall jamboree without liability insurance. We
hope to find a solution to liability insurance before the fall
Can someone else
hold a jamboree? Only if they follow the same procedure
NOHVA followed. This would include asking for permission from
Loup Power, acquiring liability insurance, providing security,
restrooms, trash pickup, emergency plan and event plan.
Can I ride at the
Headworks Park on the dates of cancelled jamboree? Yes, the
park will be open to the public but it may be very crowded.
There are no plans to have anyone from NOHVA there at that
time. If there is a big crowd and the main parking area is not
big enough, parking will not be allowed in the overflow field or
down the road east of the main parking area. Part of the main
parking area will be closed for restoration.
What will happen if
the court decides NOHVA is responsible for the injuries from the
accident? We would probably have to pay and it could
bankrupt NOHVA. If that happens NOHVA would probably cease to
exist and a new group formed.
Will the Headworks
OHV Park close without insurance? Probably not. If we are
able, NOHVA will try to help with the park and organize riders
as it has in the past.
Submitted by Dan
Nitzel, NOHVA President and Co-Founder since 1988.