Chuck, I am an attorney but have never stayed at a holiday inn express. SO consider this advice worth what you have paid for it. 3 issues - dockage - this is going to be governed by marina agreement. I would guess there is language about if the docks become unusable due to whatever (act of god). I suspect there is no obligation by marina to rebuild or supply alternate slip under the circumstances. Whether he is entitled to a refund for the unused portion is likely addressed in the agreement.
Debris attached to his boat. - He should contact his Ins Co. If it is his liability then hopefully his liability coverage will pay. Clam boat- Act of god isn't a total get out of jail free card (though it is pretty good). See http://www.atlanticmaritimeacademy.com/images/act-of-god.pdf http://www.insurancelawhawaii.com/insurance_law_hawaii/2011/06/does-act-of-g od-defense-absolve-boat-harbor-of-liability-for-tsunami-related-damage.html Note the boat mentioned in the one link is no relation to mine....Was Clam boat negligently secured in someway? Was structure inadequate for size of boat? What steps did they take to secure for the storm? Why did it break free? And could/should a prudent mariner reasonably have done anything to prevent it. If they did nothing then they have exposure. If they reduced windage, set extra lines and took reasonable precautions then they don't. This is a fact question. While it sounds like it was ugly up there, it doesn't sound like it was particularly worse than forecast and all had days to prep. I would explore whether commercial vessel is held to a higher standard. I have no clue- just a possible line of inquiry. Again this is not my world -neither geographically or area of practice so he should get local counsel. May also see a bunch of 'professional adjusters' show up- while I'd generally be pretty skeptical, talking to a couple may provide some insight on the viability of a claim against the clam boat. Based on the description of the damage it may just make sense to eat it as the cost of pursuing and likelihood of success......... BTW down here the long lines at the gas station always happen before the storm...... Kim Brown Trust Me!!! 35-3 ------------------------------------------------------------------------ On Nov 2, 2012, at 10:15 PM, Chuck S <cscheaf...@comcast.net> 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 _______________________________________________ This List is provided by the C&C Photo Album http://www.cncphotoalbum.com CnC-List@cnc-list.com -------------- next part -------------- An HTML attachment was scrubbed... URL: <http://cnc-list.com/pipermail/cnc-list_cnc-list.com/attachments/20121103/7e d9b1f7/attachment-0001.html> ------------------------------ Subject: Digest Footer _______________________________________________ CnC-List mailing list CnC-List@cnc-list.com http://cnc-list.com/mailman/listinfo/cnc-list_cnc-list.com ------------------------------ End of CnC-List Digest, Vol 82, Issue 8 *************************************** _______________________________________________ This List is provided by the C&C Photo Album http://www.cncphotoalbum.com CnC-List@cnc-list.com
