P.I.A. Insurance claim
03-22-2008, 01:08 PM
#1
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P.I.A. Insurance claim
Can anyone here tell me about their claim experiences with Markel/Essex insurance , TMN national adjusting or their adjusters/appraisers ?
We had transportation damages occur through a shipper's negligence .
So far we have been told how to repair said damages cheaply , completely deviating from the manufactured procedure , an outright denial of some damages and the adjuster even called a supplier falsely representing himself as an employee of the manufacturer to get our OEM cost on extrusions .
These are brand new boats that were damaged .
Also how can we ever sell these boats as "new" once these extensive damages have been repaired ?
I can see we have a battle on our hands , and have outright been treated criminally .
We had transportation damages occur through a shipper's negligence .
So far we have been told how to repair said damages cheaply , completely deviating from the manufactured procedure , an outright denial of some damages and the adjuster even called a supplier falsely representing himself as an employee of the manufacturer to get our OEM cost on extrusions .
These are brand new boats that were damaged .
Also how can we ever sell these boats as "new" once these extensive damages have been repaired ?
I can see we have a battle on our hands , and have outright been treated criminally .
Last edited by aex; 03-22-2008 at 01:20 PM.
03-22-2008, 06:12 PM
#2
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It does not matter if the boat is new or 20 years old. There is a method (cost) to repair the damage. Once the payment is made for a repair that is up to industry standards than it is up to the owner of the boats to repair or not. I know for a fact that mercruiser does not repair anything that was in a accident during shipping. They take what the insurance company owes for damage and than they scrap everything. Even if was only the crate that was damaged in shipping.
03-22-2008, 06:40 PM
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It does not matter if the boat is new or 20 years old. There is a method (cost) to repair the damage. Once the payment is made for a repair that is up to industry standards than it is up to the owner of the boats to repair or not. I know for a fact that mercruiser does not repair anything that was in a accident during shipping. They take what the insurance company owes for damage and than they scrap everything. Even if was only the crate that was damaged in shipping.
Brunswick is a huge conglomerate .
03-23-2008, 08:03 AM
#5
Registered User
Your best course of action is a consult with an attorney. Insurance companies usually ditch the "cute" act pretty quick once they see an attorney involved, especially if it's a known, reputable guy.
Insurance operates on the concept of indemnification. Simply put, that means they have a contractual obligation to make you whole. Deliberately avoiding this obligation falls under another legal term called bad faith. There isn't a state I'm aware of that doesn't allow for treble damages in instances of bad faith so insurer's are pretty adept and brushing the line but not crossing it. Complaints to state insurance commissions are very effective as well but no substitute for solid legal representation. Make sure your attorney's costs are included in your settlement negotiations. Documentation is everything. If as you describe they're pulling some tricks, sworn affidavits from those 3rd parties are worth their weight in gold.
This falls under a well-known legal tenet called diminished value. Essentially, the argument is that, once repaired, what is the true value of the merchandise if fairly and honestly marketed with full disclosure? You'll have to rely on experts for this. Affidavits from professionals stating their expert opinions on how the market value of the items have been impacted are your best course of action. Case law is very clear on diminished value and strongly in your favor. Some states have had restrictions placed on diminished-value claims for automobiles involved in accidents but that's used cars, not new boats. There may be an argument based on the assertion a boat is a "motor vehicle" Depends on how your state's laws read and sometimes the judge's view on the matter.
Insurance operates on the concept of indemnification. Simply put, that means they have a contractual obligation to make you whole. Deliberately avoiding this obligation falls under another legal term called bad faith. There isn't a state I'm aware of that doesn't allow for treble damages in instances of bad faith so insurer's are pretty adept and brushing the line but not crossing it. Complaints to state insurance commissions are very effective as well but no substitute for solid legal representation. Make sure your attorney's costs are included in your settlement negotiations. Documentation is everything. If as you describe they're pulling some tricks, sworn affidavits from those 3rd parties are worth their weight in gold.
This falls under a well-known legal tenet called diminished value. Essentially, the argument is that, once repaired, what is the true value of the merchandise if fairly and honestly marketed with full disclosure? You'll have to rely on experts for this. Affidavits from professionals stating their expert opinions on how the market value of the items have been impacted are your best course of action. Case law is very clear on diminished value and strongly in your favor. Some states have had restrictions placed on diminished-value claims for automobiles involved in accidents but that's used cars, not new boats. There may be an argument based on the assertion a boat is a "motor vehicle" Depends on how your state's laws read and sometimes the judge's view on the matter.
Last edited by Chris Sunkin; 03-23-2008 at 08:11 AM.
03-23-2008, 10:48 AM
#7
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An attorney or the insurance commissioner in your state can guide you. If your a claimant than a bad faith lawsuit would not apply to you but you could turn it into to your own carrier. Most states outside of georgia do not have a set formula for diminished value. With a new boat I would assume that it would depend on the kind of damage. Structure damage versus cosmetic or up to the judge assigned.
03-23-2008, 06:56 PM
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Doesn't the transport company have insurance? It seems like this should fall under their policy if I am reading this correctly... Markel will treat you fairly. Maybe you should ask for another claims adjuster...
03-23-2008, 07:21 PM
#9
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Thread Starter
He acts like we need the money and will settle , he is wrong , and is in for a surprise .
My original inquiry was if any one had had any dealings with Markel/Essex/TM National . I'm trying to find out if this is how they typically operate .
We have nothing but time , law and morals on our side .
Screw them .
