Be sure to document the damage and get all the information you can. The names of the clam boats can be looked up on the USCG documentation database to provide details of ownership. Document all the damage they caused and the course they followed. Were there other boats on the wharf where they were secured that did not break free – which would be an indicator that they were inadequately prepped for the storm. Who owns the wharf. Information on the owners of other boats that got damaged. Any other evidence you can think of that will tell the whole story.
Insurance coverage can vary a lot among companies, and I would expect “act of war” to be a common exclusion. But “act of nature’ isn’t something I would think touches on liability insurance. Contact your buddy’s insurance carrier. They will most likely pay for the cleanup of debris/ damage around his boat and then collect from the clamboat owners’ insurance companies. Rick Brass Washington, NC From: CnC-List [mailto:[email protected]] On Behalf Of Indigo Sent: Saturday, November 03, 2012 9:07 AM To: [email protected] Subject: Re: Stus-List Need Legal advice please Sound advice. The clam boat and or his insurers will be responsible or pass the liability up the line (provider of moorings etc) -- Jonathan Trade Show Services Cell: (203) 395 0225 www.tradeshowservicesusa.com On Nov 3, 2012, at 8:27, Robert Abbott <[email protected]> wrote: Chuck: Can not offer any legal advice but can tell you this story. During the last big storm here (Hurricane Earl) two years ago, a CS 36, in the club's mooring field, broke its bridle and went sailing on its own. On its way to the other side of the Northwest Arm, it collided with two other boats in the mooring field. All damage was covered by the CS 36's insurance company. I'd have your friend's insurance company contact the clamboats' insurance company and let them work out the details. Bob Abbott AZURA C&C 32 - 84 Halifax, N.S. On 2012/11/02 11:15 PM, Chuck S wrote: During Hurricane Sandy, in Atlantic City two 80 ft commercial clamboats broke loose from their docks and drifted down onto my friend's boat. The clamboats did a lot of damage, scarred his hull, and destroyed the docks so he lost his slip, which he paid for in advance. He lives aboard and though the boat floats fine, no leaks, just a nasty scar down the whole starboard side, no lifelines, cosmetics. He has insurance but only liability coverage. His boat blew across the harbor and landed on the dock at Golden Nugget Marina. His boat was so well secured before the storm that even after the clamboats pushed him down the lagoon several hundred feet and set others adrift or sunk, my friend's boat sits on er waterline and is surrounded by sections of the old floating dock and at least three piling still hanging from the boat. He has damage to is boat. He lost is slip. So we thought the clamboat owner should make him whole, by replacing what they destroyed; the docks, patch his boat and pay for a slip until this is completed. He is being told the damage to his boat from Hurricane Sandy is his own problem because everyone is covered by "act of God". We have photos of the clamboats against his boat and at each move as they destroyed docks at several properties, sunk a 22' Catalina and set a Bayliner adrift. The marina tells him, he has to hire a professional to remove all the debris that is tied to him. He's staying with me for now. What rights does he have? Chuck Resolute 1990 C&C 34R Atlantic City, NJ _______________________________________________ This List is provided by the C&C Photo Album http://www.cncphotoalbum.com [email protected] _______________________________________________ This List is provided by the C&C Photo Album http://www.cncphotoalbum.com [email protected]
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