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Old 07-24-2009 | 10:02 PM
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So, the people who winterize our boat did not do it and went to another house. we are now going back and forth with them. Their insurance is saying they will not cover for various reasons. I am now in the process of having an attorney going after them, as they are dragging their feet. They say they are trying to get their insurance to cover it. They said the insurance wants them to tell us to file a law suite in smalls claims court. It was a semi built 502, so would be superior court. I told them if I am doing that, I am going for everything: losses, damages, lost advertising for our business, mental anguish, and fraud. up to $30,000.00. They said let us get our attorney to see if can get insurance to cover. We are missing all summer. So... going to start proceedings with an attorney and also looking into engines.

We had a 502 that was a crate engine that was an auto engine: Iron head 502. We have dry exhaust, etc. The guy that estimated the work wants to put a mercury 502 in it that is 425 HP. I am trying to figure out if we are losing out on HP from our old engine. The guy I bought it from estimated HP from 450-475. He said the estimate is 12,500 with a new merc 502. I am wondering what our best options are. i have looked at corretti racing engins and am considering the 502 that mimics the 525. We have a 24 pantera with a bravo one.

Just looking for feedback on what would be good options. Go with the merc 502 or somthing else. With the old engine, we were running about 72 mph at about 5000 RPMs with about another 300 rpms left.

Any thoughts/feedback?
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Old 07-24-2009 | 10:06 PM
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Originally Posted by Courtholl
So, the people who winterize our boat did not do it and went to another house. we are now going back and forth with them. Their insurance is saying they will not cover for various reasons. I am now in the process of having an attorney going after them, as they are dragging their feet. They say they are trying to get their insurance to cover it. They said the insurance wants them to tell us to file a law suite in smalls claims court. It was a semi built 502, so would be superior court. I told them if I am doing that, I am going for everything: losses, damages, lost advertising for our business, mental anguish, and fraud. up to $30,000.00. They said let us get our attorney to see if can get insurance to cover. We are missing all summer. So... going to start proceedings with an attorney and also looking into engines.

We had a 502 that was a crate engine that was an auto engine: Iron head 502. We have dry exhaust, etc. The guy that estimated the work wants to put a mercury 502 in it that is 425 HP. I am trying to figure out if we are losing out on HP from our old engine. The guy I bought it from estimated HP from 450-475. He said the estimate is 12,500 with a new merc 502. I am wondering what our best options are. i have looked at corretti racing engins and am considering the 502 that mimics the 525. We have a 24 pantera with a bravo one.

Just looking for feedback on what would be good options. Go with the merc 502 or somthing else. With the old engine, we were running about 72 mph at about 5000 RPMs with about another 300 rpms left.

Any thoughts/feedback?
I would say HP 500 , is pretty close to what u had !!!!
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Old 07-25-2009 | 09:38 AM
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Originally Posted by Courtholl
So, the people who winterize our boat did not do it and went to another house. we are now going back and forth with them. Their insurance is saying they will not cover for various reasons. I am now in the process of having an attorney going after them, as they are dragging their feet. They say they are trying to get their insurance to cover it. They said the insurance wants them to tell us to file a law suite in smalls claims court. It was a semi built 502, so would be superior court. I told them if I am doing that, I am going for everything: losses, damages, lost advertising for our business, mental anguish, and fraud. up to $30,000.00. They said let us get our attorney to see if can get insurance to cover. We are missing all summer. So... going to start proceedings with an attorney and also looking into engines.

We had a 502 that was a crate engine that was an auto engine: Iron head 502. We have dry exhaust, etc. The guy that estimated the work wants to put a mercury 502 in it that is 425 HP. I am trying to figure out if we are losing out on HP from our old engine. The guy I bought it from estimated HP from 450-475. He said the estimate is 12,500 with a new merc 502. I am wondering what our best options are. i have looked at corretti racing engins and am considering the 502 that mimics the 525. We have a 24 pantera with a bravo one.

Just looking for feedback on what would be good options. Go with the merc 502 or somthing else. With the old engine, we were running about 72 mph at about 5000 RPMs with about another 300 rpms left.

Any thoughts/feedback?
I'm not clear on who winterized the boat, the person you purchased it from or a marine dealer or just an individual?
Was the automotive crate engine marinized?
how much time on the engine?
Why is there no discussion on just replacing the block? (world or dart for $2500 plus labor to convert and install)
larry
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Old 07-25-2009 | 04:22 PM
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you can ask for what you want but you chances of the recovery aren't anything like what you are asking. first... the insurance company is not obligated to buy you anything new. they are obliged IF they agree or are judged to be liable to make you whole. that means either a repair of your motor to a nominal standard or a cash payout equivilent to the one that froze... so they look at the prorated value of that motor considering age and current commercial value of that motor of that age. and its not going to be 12,5... its going to be more like 5k. then they will add the labor ... maybe anonther grand.

they are not liable for consequential damages unless you have some contract somewhere where those terms are agreed in advance. there is NEVER an assumption of consequential damages unless specifically agreed in writing. and unless you can prove somehow that the failure on the part of whoever failed to do the work was a willfull act with the intent to defraud as opposed to simple negligence, that action will fail as well , and is meaningless in any case because you don't get a bonus for that.

and the lawyer, if sucessful in 3 years will take 1/3 anyway.

now... you do what you want but i cases like this, the most successful claims are those where the damaged party ( you) make all the notifications and advisories and claims to all the appropriate people ( as you have) and then when they all say no, you get the repairs done yourself. and you document absolutely everything to the last nut , bolt washer and screw, every hour every phone call and you have the boat done in the manner that you choose at whateverthe cost you care to expend. all the time understanding that someday you will be standing in front of a judge and he is going to ask you to justify the award you are seeking to the penny. if you replace your old cast iron block with a merlin you better be ready to say, " yes judge, they broke a $ a 1500 block and we bought a $3000 one but all we are asking for is the 1500... the extra parts are ours but the labor to change was still the same" etc etc etc...

you can try to run this 30 grand game on them but they aren't stupid and the law isn't on your side. and be prepared to wait a long time for your money.

i have been the " expert witness" in probably 50 of these cases from both sides and , while you can never actually KNOW whats going to happen, 99 % of the time if you stick to the honest damages and are ready to document in detail everything you claim, the insurance companies will settle and the lawyers won't get involved.

just free advice worth exactly what you are paying for it.

by the way... photograph, bag and save every single solitary part that you change. someday someone will ask you for them and if you can't provide them , you lose.

Last edited by stevesxm; 07-25-2009 at 04:24 PM.
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Old 07-25-2009 | 04:48 PM
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Originally Posted by stevesxm
you can ask for what you want but you chances of the recovery aren't anything like what you are asking. first... the insurance company is not obligated to buy you anything new. they are obliged IF they agree or are judged to be liable to make you whole. that means either a repair of your motor to a nominal standard or a cash payout equivilent to the one that froze... so they look at the prorated value of that motor considering age and current commercial value of that motor of that age. and its not going to be 12,5... its going to be more like 5k. then they will add the labor ... maybe anonther grand.

they are not liable for consequential damages unless you have some contract somewhere where those terms are agreed in advance. there is NEVER an assumption of consequential damages unless specifically agreed in writing. and unless you can prove somehow that the failure on the part of whoever failed to do the work was a willfull act with the intent to defraud as opposed to simple negligence, that action will fail as well , and is meaningless in any case because you don't get a bonus for that.

and the lawyer, if sucessful in 3 years will take 1/3 anyway.

now... you do what you want but i cases like this, the most successful claims are those where the damaged party ( you) make all the notifications and advisories and claims to all the appropriate people ( as you have) and then when they all say no, you get the repairs done yourself. and you document absolutely everything to the last nut , bolt washer and screw, every hour every phone call and you have the boat done in the manner that you choose at whateverthe cost you care to expend. all the time understanding that someday you will be standing in front of a judge and he is going to ask you to justify the award you are seeking to the penny. if you replace your old cast iron block with a merlin you better be ready to say, " yes judge, they broke a $ a 1500 block and we bought a $3000 one but all we are asking for is the 1500... the extra parts are ours but the labor to change was still the same" etc etc etc...

you can try to run this 30 grand game on them but they aren't stupid and the law isn't on your side. and be prepared to wait a long time for your money.

i have been the " expert witness" in probably 50 of these cases from both sides and , while you can never actually KNOW whats going to happen, 99 % of the time if you stick to the honest damages and are ready to document in detail everything you claim, the insurance companies will settle and the lawyers won't get involved.

just free advice worth exactly what you are paying for it.

by the way... photograph, bag and save every single solitary part that you change. someday someone will ask you for them and if you can't provide them , you lose.
Great advice Steve i'll have a way better one to run past you on Monday ....
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Old 07-25-2009 | 05:02 PM
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Just get a new or used block and switch all of your parts over. Bore the engine to match the old pistons, install new rings, berrings ext... Send the bill to the quilty party and their insurance company.

Last edited by jeffswav; 07-25-2009 at 05:05 PM.
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