So your boat is sitting in a nice marina all safe and secure. No worries, right?
Not so fast. More good news to throw in the Year 2020 bucket. As you may recall, Touche' was damaged while in a marina in Pensacola during Hurricane Sally. Essentially, a large power boat was moored on my pier, broke loose and yanked the main section of floating pier causing extensive damage to the pier and all the finger piers. Touche' was damaged as a result of the pier being damaged. Important note: the marina has no edict to vacate during a storm. One of my buddies, whose boat was on the same pier as Touche' and whose boat was totaled, just got a letter from the marina saying that his boat damaged their pier and they were seeking damages from him under the dockage agreement. The dockage agreement states that tenants will indemnify the marina for any damages relating to the vessel being docked at the marina. I have not received one yet but expect to. A friend whose boat was in another Pensacola marina that was destroyed also got a similar letter from his marina. Now, before all of us go off on a rant, let me tell you what I *THINK *they are doing. I think they are trying to establiish "comparative negligence". Here's what that means: "*Comparative negligence* is a principle of tort law that applies to casualty insurance in certain states. *Comparative negligence* states that when an accident occurs, the *fault* and/or *negligence* of each party involved is based upon their respective contributions to the accident." In my opinion, the negligence should be split between a) the marina for allowing the big power boat to remain during the storm and b) the owner of the power boat for possible failure to properly secure for the storm event. Now, compound that with the fact that the power boat had a paid captain who I think may have been aboard during the storm. I don't know if the captain was licensed but I assume he was. In order to go after the power boat, they have to send the letter to each tenant on the pier. Touche's negligence should be de minimis. I can't imagine how Touche' caused any damage to their pier. The marina is just trying to settle how much each insurance company is liable for. Now, as for me and Touche', as a condition of the dockage agreement, I had to list the marina as co-insured on my policy. So, as far as I'm concerned, this is between my insurance company and the marina. Also, be aware that if your boat is in a marina, is damaged and sunk, the marina might salvage your boat and send you a bill for the salvage. If you don't have a salvage clause or salvage rider on your boat, the salvage bill will come out of your settlement if the boat is totaled. My policy has a salvage clause that specifically states it is "additional" insurance. -- Dennis C. Touche' 35-1 #83 Mandeville, LA
Thanks to all of the subscribers that contributed to the list to help with the costs involved. If you want to show your support to the list - use PayPal to send contribution -- https://www.paypal.me/stumurray Thanks - Stu
