I would recommend contacting a local attorney who has experience in dealing 
with marina and damage issues; although my practice is primarily trust and 
estate work, I can tell you that the the best results will come from someone 
based locally and experienced; its a given that any insurance company will use 
the "Act of God" defense to avoid paying, especially when you have such 
widespread damage, however, I agree with as the advice of others here; get a 
local attorney, (surely there's an attorney near there who has a C&C!); file 
your claim as soon as possible, be prepared for the insurance company red tape 
and be persistent.  Our best...      


Richard
1987 C&C 33

 
 
Richard N. Bush Law Offices 
235 South Fifth Street, Fourth Floor 
Louisville, Kentucky 40202 
502-584-7255



-----Original Message-----
From: Robert Abbott <robertabb...@eastlink.ca>
To: cnc-list <cnc-list@cnc-list.com>
Sent: Sat, Nov 3, 2012 8:26 am
Subject: Re: Stus-List Need Legal advice please


Chuck:
Can not offer any legal advice but can tell you this story.   During the last 
big storm here (Hurricane Earl) two years ago, a CS 36, in the club's mooring 
field, broke its bridle and went sailing on its own.   On its way to the other 
side of the Northwest Arm, it collided with two other boats in the mooring 
field.   All damage was covered by the CS 36's insurance company.
I'd have your friend's insurance company contact the clamboats' insurance 
company and let them work out the details.

Bob Abbott
AZURA
C&C 32 - 84
Halifax, N.S. 




On 2012/11/02 11:15 PM, Chuck S wrote:



During Hurricane Sandy, in Atlantic City two 80 ft commercial clamboats broke 
loose from their docks and drifted down onto my friend's boat.  The clamboats 
did a lot of damage, scarred his hull, and destroyed the docks so he lost his 
slip, which he paid for in advance.  He lives aboard and though the boat floats 
fine, no leaks, just a nasty scar down the whole starboard side, no lifelines, 
cosmetics.  He has insurance but only liability coverage.  His boat blew across 
the harbor and landed on the dock at Golden Nugget Marina.  His boat was so 
well secured before the storm that even after the clamboats pushed him down the 
lagoon several hundred feet and set others adrift or sunk, my friend's boat 
sits on er waterline and is surrounded by sections of the old floating dock and 
at least three piling still hanging from the boat.

He has damage to is boat.  He lost is slip.  So we thought the clamboat owner 
should make him whole, by replacing what they destroyed; the docks, patch his 
boat and pay for a slip until this is completed.  He is being told the damage 
to his boat from Hurricane Sandy is his own problem because everyone is covered 
by "act of God".  We have photos of the clamboats against his boat and at each 
move as they destroyed docks at several properties, sunk a 22' Catalina and set 
a Bayliner adrift.  The marina tells him, he has to hire a professional to 
remove all the debris that is tied to him.

He's staying with me for now.  What rights does he have?  


Chuck
Resolute
1990 C&C 34R
Atlantic City, NJ



 

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