My Boat was Hit Bad - Page 9 - SailNet Community
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post #81 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

Don't know if this boat Jeff H found - in Seattle - helps or hurts your dealings with the insurance folks: he calls it the outrageously good deal of the year Outrageously Good Deal of the Day, Week, Year....


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post #82 of 132 Old 08-02-2012
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Originally Posted by cktalons:903615
My attorney is working on it. I'm not okay with a boater ramming my home.

Jim, no, so far the insurance company has not tried making me more comfortable. They don't seem to care that I lived aboard. Hence the attorney's involvement.
Again the insurance company(s) needs some education. If your boat is your "principal residence" then it qualifies for restitution. Even FEMA recognizes this fact as it's federal law. Your lawyer can help you out in this area if they are indeed a specialized maritime attorney. While I haven't read every thread here, was an accident report filed with the USCG if the damage is over $25k?
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post #83 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

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Originally Posted by sea_hunter View Post
Again the insurance company(s) needs some education. If your boat is your "principal residence" then it qualifies for restitution. Even FEMA recognizes this fact as it's federal law. Your lawyer can help you out in this area if they are indeed a specialized maritime attorney. ..
I disagree with your perspective about this insurance company.

An insurance policy covers only what it specifies that it covers, not whatever someone who has had some bad luck wishes it to cover after the fact.

I know from unfortunate personal experience that BoatUS policies specify that they exclude "loss of use" from covered damages, and I expect that exclusion applies regardless of how you use the boat. If a customer wants more coverage, I guess they could request a rider to include "loss of use" as a covered damage, and pay whatever additional premium may be needed for such coverage, but that hasn't been hinted at in this thread.

This is a sad and unfair situation, but no one has yet put any evidence into the thread that BoatUS hasn't been standing up to their obligations.

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Last edited by sailingfool; 08-02-2012 at 10:36 AM.
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post #84 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

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You are completely out to sea with your perspective.

An insurance policy covers only what it specifies that it covers, not whatever someone who has had some bad luck wishes it to cover after the fact.

I know from unfortunate personal experience that BoatUS policies exclude "loss of use" from covered damages, and I expect that exclusion applies regardless of how you use the boat. If a customer wants more coverage, I guess they could request a rider to include "loss of use" as a covered damage, but that hasn't been hinted at in this thread.
What you say may be true if this were a comprehensive claim against a BoatUS policy she had because she had hit something. It is completely wrong in the case of a liability claim against a BoatUS insured.

Loss of use is certainly a liability. She can't be expected to be homeless while repairs are made. The BoatUS policy of the guy that hit her should cover alternative living arrange ments such as a long term stay hotel while repairs are being made.
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post #85 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

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What you say may be true if this were a comprehensive claim against a BoatUS policy she had because she had hit something. It is completely wrong in the case of a liability claim against a BoatUS insured. .
The issue really comes down to what the BoatUS policy says about "loss of use" in this circumstance, and the thread has not addressed this specific fact.

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Last edited by sailingfool; 08-02-2012 at 12:10 PM.
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post #86 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

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The issue really comes down to what the BoatUS policy says about "loss of use" in this circumstance, and the thread has not addressed this specific fact.
What I was trying to say is it does not matter what her policy says about "loss of use" coverage, it matters what person who hit her has for "liability" coverage. This insurance event is not a loss of use issue for her. It is a liability issue for the other guy.

If someone with liability insurance hits your parked car and it needs to be repaired their insurance is responsible to provide you with a rental car while yours is in the shop. It doesn't matter if you or the person who hit you have rental car coverage. It is a liability issue.
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post #87 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

Although laws verify state to state, as someone that sold insurance for 30 years, I agree. The liability and comprehensive rules are different.

For example, you may not have personal medical coverage on your auto policy but if another driver is at fault and runs into you, their liability coverage will pay for your medical costs, up to the limits of the policy.
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post #88 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

Its important for CK to exercise her right of subrogation here - even if her own insurance might declare 'constructive total loss' that doesn't mean she can't go after the other party's liability insurance. It is important to distinguish that it is his insurance that should pay to fix it to her satisfaction, not her own insurance policy, whatever the insured value of her boat may be. If her boat is her legal home, the liability should include loss of use of her home. Hopefully CK's lawyer friend will get this sorted with the insurance company quickly.
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post #89 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

What seems to continue to be confused is the insurance company's obligation under the contracts they signed with their clients and the actual liability of the offender under the law. They are often very different.


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post #90 of 132 Old 08-02-2012
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Re: My Boat was Hit Bad

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What seems to continue to be confused is the insurance company's obligation under the contracts they signed with their clients and the actual liability of the offender under the law. They are often very different.
So you think it likely that the boat owner who hit CK was carrying less than $100K liability coverage? His insurance company's obligation is to protect him up to the policy's liability limit. Admittedly it might take a lawyer to prise the money out of the insurance company, but she should be able to get her boat repaired...(I hope!)
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