Insurance question

mfrench808

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If another boat hits yours while on land because it floated off of blocks who bears the loss since your boat did not float off of block? Most boat policies have deductibles of 1-2% and a lot of boat owners sustained damage to our boats that were on land. With that being said, do you leverage the oppotunity to recover funds from insurance policies of other persons without creating bad blood?

If you boat floated off while on land - did the marina not properly prepare for those whose boats floated and sustained damage. Did they stack boats too close or did they not brace properly?

It's the lawyer in me and most peopel hate lawyers but if an underwriter can pay for your loss then do it! I know a few downeast boats that sustained damage in the above ways. I sustained a nice 8 inch by 1/4 inch scratch in the gel coat because a house boat hit mine.

Am I being too agressive?
 
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WC1966

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Did the marina cause the water to rise?
How would the marina be responsible? Improper blocking? Wrong location for poppets?
If your question is related to "Sandy", I suspect an act of Mother Nature is going to
be listed as a major contributing cause.
I helped haul and block over 40 boats last weekend, and if the storm had of arrived at high tide instead of 3 hours before, there were 70+ that would have been in severe danger of floating off the blocks. Mine included and I have been out 3 weeks.
In real estate lingo "Location, Location, Location"
My 2 cents.
 

djmarchand

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And in liability issues, it is negligence, negligence, negligence. Acts of nature are not cause for negligence, if the person hauling and blocking the boat did everything reasonably expected to protect it from floating off.

David
 

mfrench808

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Foreseabilty

The issue is foreseability -if you knew the storm would hit a high tide on a full moon then do you need to take extra precaution.

Act of god is generally a contract provision which could be relevant with regard to claims by vessel owners against a marina but there is not contractual privitiy between vessel owners. It is not clear to me that a short haul would apply to your summer dockage contract or winter storage contact and you certainly could wiggle around it. If a BAILMENT situation is created then negligence does not apply because the bailor becomes an insurer. It depends on how hard an underwriter wants to fight your claim and how big it is.

If your boat was not insured or damages sustained are within you deductible and your boat was damaged becaues it floated off blocks or was damaged by anoter boat floating off blocks then I think a claim should be submitted - the underwriter is going to pay not the policy holder. They guys whose boat was damaged wasn't negligent either.

Like I said its the lawyer in me trying to find deep pockets - I hope this posting can help someone who might have sustained an uninsured loss that a BILLION DOLLAR INSURANCE COMPANY can pay with the stroke of a pen!!
 
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BillD

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The issue is foreseability -if you knew the storm would hit a high tide on a full moon then do you need to take extra precaution.

Act of god is generally a contract provision which could be relevant with regard to claims by vessel owners against a marina but there is not contractual privitiy between vessel owners. It is not clear to me that a short haul would apply to your summer dockage contract or winter storage contact and you certainly could wiggle around it. If a BAILMENT situation is created then negligence does not apply because the bailor becomes an insurer. It depends on how hard an underwriter wants to fight your claim and how big it is.

If your boat was not insured or damages sustained are within you deductible and your boat was damaged becaues it floated off blocks or was damaged by anoter boat floating off blocks then I think a claim should be submitted - the underwriter is going to pay not the policy holder. They guys whose boat was damaged wasn't negligent either.

Like I said its the lawyer in me trying to find deep pockets - I hope this posting can help someone who might have sustained an uninsured loss that a BILLION DOLLAR INSURANCE COMPANY can pay with the stroke of a pen!!

Your claim should be handled by your boat insurer. If another "insurer" (the boat) caused the damage then the two will come to an agreement as far as blame.

IMO, No different than an auto accident when two cars are involved.


FWIW, Bill D
 

steveinak

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"8 inch by 1/4 inch scratch in the gel coat" are you kidding !!! people lost their homes, vehicles and everything they've worked for and you worried about a god damn scratch :rolleyes: you must be a lawyer.
 

mfrench808

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and I hope their home, vehicles and everything of value they worked for is insured - that is why it was posted as "insurance question" to pass the risk off to a 3rd party.Thanks for your lesson on morality, now get off the pulpit.

It is going to be much different then an auto claim since there are no operators with respect to each boat. Your insurance company is not involved if your damage is below the deductible and hence no apportionment of liability.
 
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