Good to know On Sat, Dec 12, 2020 at 5:28 PM Dennis C. <[email protected]> wrote:
> 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 -- Joel Delamirande *www.jdroofing.ca <http://www.jdroofing.ca>*
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
