31 Scarab Excel sank at the dock
12-07-2003, 04:20 PM
#1
Guest
Posts: n/a
31 Scarab Excel sank at the dock
Guys,
I need your help. My Scarab sank at the dock July 16 on the St. Lawrence River near Alexandria Bay NY. I am still fighting with the insurance company over the cause of the boat sinking. They sent a forensic investigator to determine "cause and origin" of the boat sinking. This guy was a fire and arson investigator, he claims that because the boat was tied to a floating dock it will move with wind and waves. He went on to speculate that this wave action caused the port side of the boat to dip low into the waves. At the lowest point my boat is 21 inches above the waterline. That means the dock and boat would have to move more than 21 inches. This dock is 8ft wide X 40 ft long, it has two 24 inch air tanks running along the 40 ft length that provide the floatation. It is held in place with 6 inch steel pipes driven into the river bottom on each corner of the dock. The dock has 10 inch diameter collars that allow the dock to slide on the pipes. How would I convince the insurance company that they don't know what they are talking about?
I need your help. My Scarab sank at the dock July 16 on the St. Lawrence River near Alexandria Bay NY. I am still fighting with the insurance company over the cause of the boat sinking. They sent a forensic investigator to determine "cause and origin" of the boat sinking. This guy was a fire and arson investigator, he claims that because the boat was tied to a floating dock it will move with wind and waves. He went on to speculate that this wave action caused the port side of the boat to dip low into the waves. At the lowest point my boat is 21 inches above the waterline. That means the dock and boat would have to move more than 21 inches. This dock is 8ft wide X 40 ft long, it has two 24 inch air tanks running along the 40 ft length that provide the floatation. It is held in place with 6 inch steel pipes driven into the river bottom on each corner of the dock. The dock has 10 inch diameter collars that allow the dock to slide on the pipes. How would I convince the insurance company that they don't know what they are talking about?
12-07-2003, 05:07 PM
#2
Registered
Perhaps a picture of the same model tied up to a dock would help. My neighbors 26 Excel sank at the dock. Waves just splashed into the vents and it gradually got lower and lower. Down it went. Earlier that year his trim pump did not work. We took it apart and it was full of mud. He bought the boat used so he was unaware of a previous voyage to the bottom.
If the dock had nothing to do with it then you had a bellows fail. Are they denying the claim due to negligence?
If the dock had nothing to do with it then you had a bellows fail. Are they denying the claim due to negligence?
12-08-2003, 07:21 AM
#5
Registered
Join Date: Apr 2003
Location: Lake George, NY
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
My '29 Fountain sank last summer. The insurance co. did the same thing. I had just had a gimble replaced on one outdrive, but the other drive had a seal leak. They took there sweet time, but they paid. If they rule out intentional sinking, they have to pay no matter if the dock caused it or not. Oh, my bilge pumps worked but ran the batteries down and down it went. If they give you too much chit hire a personal adjustor and let him deal with the ins. co. For a fee he will usually be able to get you more money than they would normally give you.
12-08-2003, 07:55 AM
#6
Official OSO boat whore
Charter Member
iTrader: (2)
Join Date: Oct 2000
Location: Mequon, WI
Posts: 6,157
Likes: 0
Received 0 Likes
on
0 Posts
Yea, I don't see the difference as to why it sank. The outcome is still the same. The only controlling factor should be if there was intent or negligence.
12-08-2003, 08:55 AM
#7
Registered
i know we talked about this before,try calling consolidated marine services 814 864 5311,ask for dave.explain what happened and tell him he can call me also if he wants to.good luck,chris
12-08-2003, 09:42 AM
#8
Registered
Join Date: Jan 2002
Location: Davenport, IA
Posts: 89
Likes: 0
Received 0 Likes
on
0 Posts
Chevy57
Before you incurr the cost of a Public adjuster or hire an attorney, Contact the company and get a clear explanation in writing why they are not paying your claim. You did not say in you post that they have formally denied your claim. In order for their to be no coverage there has to be a specific exclusion in your policy that must be quoted in the denial letter. They can not deny due to your negligence, unless there is a specific exclusion for a specific type of negligence. Think about it, If you lost control of your boat and ran it aground, you would be negligent, but it would not void your coverage. As the others have noted, the guy that came out to check out your boat is there to detirmine if you may have intentionally sunk your boat to collect on insurance. If you have contacted your company and tried to get a clear response but have been unsuccessful, then file a formal complaint with your states Insurance Commisioner. Every state has them. Clearly spell out all the issues. They will look into it and respond back to you. They are consumer protectionist and do not side with the insurance company unless they are right. Insurance companies must respond to Insurance Department complaints within 10 to 15 days. If you are not satisfied at that point then incurr the cost of an attorney. I can't believe there is an exclusion in anyone's policy that says if you tie the boat to a floating dock and wave action causes it to sink there is no coverage. There is more to this.
Before you incurr the cost of a Public adjuster or hire an attorney, Contact the company and get a clear explanation in writing why they are not paying your claim. You did not say in you post that they have formally denied your claim. In order for their to be no coverage there has to be a specific exclusion in your policy that must be quoted in the denial letter. They can not deny due to your negligence, unless there is a specific exclusion for a specific type of negligence. Think about it, If you lost control of your boat and ran it aground, you would be negligent, but it would not void your coverage. As the others have noted, the guy that came out to check out your boat is there to detirmine if you may have intentionally sunk your boat to collect on insurance. If you have contacted your company and tried to get a clear response but have been unsuccessful, then file a formal complaint with your states Insurance Commisioner. Every state has them. Clearly spell out all the issues. They will look into it and respond back to you. They are consumer protectionist and do not side with the insurance company unless they are right. Insurance companies must respond to Insurance Department complaints within 10 to 15 days. If you are not satisfied at that point then incurr the cost of an attorney. I can't believe there is an exclusion in anyone's policy that says if you tie the boat to a floating dock and wave action causes it to sink there is no coverage. There is more to this.
12-08-2003, 06:21 PM
#9
Charter Member #795
Charter MemberJoin Date: Jan 2001
Location: Hebron, KY
Posts: 99
Likes: 0
Received 0 Likes
on
0 Posts
I run an insurance claims service and Sledge Hammer's advise is right on. All I would ad is keep your cool when dealing with the claims rep. Be firm but civil. Explain that you would rather not have to get the state insurance department involved, or hire an attorney, but you will if that is what it takes. Get out your policy and read the exclusions. Short of intentional acts, I can't imagine this isn't covered. If it isn't covered, you need to change carriers.
One final point - if you are at an impass with your adjuster, ask to speak with his supervisor - politely. Many times I get these calls when my adjusters are at an impass and manage to get things moving and the claim resolved.
Good luck!
One final point - if you are at an impass with your adjuster, ask to speak with his supervisor - politely. Many times I get these calls when my adjusters are at an impass and manage to get things moving and the claim resolved.
Good luck!
