Chuck I think Edd is correct. Have your friend contact his insurance company
and let them sort it out. There is no need to deal with the yard or the clam
boat owners directly. There will be too many emotions to negotiate rationally.
Remember, they've lost quite a lot as well and there really is no need to add
to all that misery. You really do need to try and remove the emotion from it
all (i.e. what "should" be recovered by you friend). In the end, what is
covered will be covered. The insurance company will likely try to minimize
damages by either lowering your settlement offer or going after the other
insurance companies that may be liable. So, an independent attorney may be
needed. However, the cost of that attorney may be covered if you win, if you
lose, you'll be out the damages you were trying to recover AND the attorney
fees. I know a guy who was not happy with what his insurance company's offering
on a claim for damages to a very expensive and unusual vehicle. They were
offering about half what my friend thought it was worth. Now this guy is Uber
wealthy, and he decided to hire the best law firm in the area and fight it to
the end. He won, and the insurance company had to pay him what he was asking
and cover all legal fees. IIRC the legal fees we around the same cost as the
amount the insurance company originally offered. They ended up paying triple
their original offer. Had he lost, however, he have been stuck with nothing
because the settlement would have gone to the lawyers! Now. he knew this going
in, and given his financial situation, was willing to play hardball AND well
prepared to lose. Your friend needs to decide if, he did decide to fight, and
lost, could he tolerate that financially. Not to mention the time involved to
fight a case like this. He'll get nothing until it settles. That could be
years! So, I'd be real hesitant to go that route in this case because, it is
and "act of God" situation. Anyway, that is my perspective. Wish him good luck.
DannyLolita1973 Viking 33Westport Point, MA
---------- Original Message ----------
From: Edd Schillay <e...@schillay.com>
To: cnc-list@cnc-list.com
Subject: Re: Stus-List Need Legal advice please
Date: Sat, 3 Nov 2012 11:41:39 -0400
Chuck,
I'm not an attorney (but I did stay at a Holiday Inn Express one night). But,
yes, the previous post is the way to go. Your friend contacts his insurance
company, they contact the clam boats' insurance company and down the line. And
yes, he should get a local attorney who is well-versed in insurance coverage.
As for what rights he has while staying with you, I would grant him access to a
bathroom, some food, and a place to sleep. But never, never, never give up the
remote. We're OK in New York and the Enterprise went untouched (see my blog
below for news about City Island). My father's 1978 C&C 34, formerly the
Enterprise NCC-1701-A, may be completely lost. All we know at this point is
that it's not where it was standing in Atlantic Highlands Marina or nearby. He
won't be able to get down there, or to his home in Sea Bright, for reportedly a
month. Most importantly, we're all safe and healthy. All the best, Edd Edd
M. SchillayStarship EnterpriseC&C 37/40+ | Sail No: NCC-1701-BCity Island, NY
Starship Enterprise's Captain's Log Website
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
_______________________________________________
This List is provided by the C&C Photo Album
http://www.cncphotoalbum.com
CnC-List@cnc-list.com
