Well, that certainly adds insult to injury

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From: Dennis C. via CnC-List<mailto:cnc-list@cnc-list.com>
Sent: Friday, March 11, 2022 8:57 AM
To: CnClist<mailto:cnc-list@cnc-list.com>
Cc: Dennis C.<mailto:capt...@gmail.com>
Subject: Stus-List Storm damaged marina? Are you liable?

I may have posted this before but a new development has occurred.

I had Touche' in a marina in Pensacola during Hurricane Sally in September 
2020.  The boat was in a slip on a floating pier well up Bayou Chico.  
Similarly constructed piers are advertised as being safe for Category 3 storms. 
 Although it was properly secured, Touche' sustained moderate damage during the 
storm.

Subsequent to the storm, I, and several other owners of boats moored on this 
pier, received letters from the marina's legal counsel informing us that OUR 
boats had damaged THEIR pier and that we were liable for damages in excess of 
$15,000.  Another marina in the Pensacola area which was destroyed has also 
sent letters advising liability to their tenant boatowners.  The new 
development: another owner informed me that he had gotten a letter last week 
raising the liability to $57,000.  I have not received a similar letter.

Based on my personal post-storm inspection of the pier, here's what I believe 
occurred.  The marina allowed a LARGE power catamaran to be moored on my pier.  
During the storm, this vessel apparently broke loose.  I observed the cleats to 
which I believe the vessel's stern lines were attached were missing, having 
been ripped from the dock.  When it broke loose it apparently pulled the main 
portion of my pier and caused extensive structural damage to the pier.  Namely, 
all the attached finger piers became tilted and/or broke loose from the main 
pier.  Several boats which were moored in the slips were damaged as a result.  
It is my belief that had the catamaran not broken loose, Touche' would have 
weathered the strorm unscathed.

Although this legal action may be a standard procedure in order for the marinas 
to establish contributory/shared liabilities for insurance purposes, it can be 
stressful for boat owners.  My marina required me to list them as co-insured so 
this issue is basically between the marina and my insurance provider now.  If I 
receive another letter, I'll just forward it to my insurance provider like I 
did with the first one.  My insurance provider basically told them to pound 
sand.

Just advising the list.  You might want to contact your insurance provider.

--
Dennis C.
Touche' 35-1 #83
Mandeville, LA

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