The Municipal Yacht harbor in New Orleans was fully rebuilt after Katrina with FEMA money. I assume FEMA money does not apply to private marinas. For the newly rebuilt marina with floating docks able to withstand surge which would overtop the levees, its management has published a guide to secure boats for a hurricane. There is no hurricane strength category or removal requirement. Failure to follow the guidelines, including removing all canvas, is a cause to terminate one's lease. There are many still in the marina who take a "why worry because I am insured" attitude about hurricane prep.
A quick Google search turned up a story about similar claims of a marina near WIlmington NC caused by Hurricane Issac. New potential claims theories circulate like wildfire among trial attorneys. So it is not surprising that Dennis' marina has picked up on this tactic. I am guessing that his marina was not insured. It is now common for marina owners to require that the marina be named as an additional insured. I am not 100% certain but it is likely that this is only for liability purposes. Your guest slips and falls on the dock. I do not believe this creates a first party claim for the property damage to the docks. I cannot answer whether a boat owner has legal liability for damage to the marina. Was it legally caused by an act of God or did he do or fail to do something that he should have. This question will be answered by a court somewhere. I take pictures of my storm prep as I walk away from the boat. It might be overkill but I prepare fully for even tropical storms. In 2020 I must have unrigged 5-6 times. If damage occurs and you can get access, take more pictures not only of your boat but with the growing threat of marina claims, to the damage it sustained. In 52 years of boat ownership in New Orleans, I have lost only one, a C&C 27, to Hurricane Katrina. Ed Levert C&C 34 Briar Patch New Orleans, La. On Fri, Mar 11, 2022 at 9:57 AM Dennis C. via CnC-List < cnc-list@cnc-list.com> wrote: > I may have posted this before but a new development has occurred. > > I had Touche' in a marina in Pensacola during Hurricane Sally in September > 2020. The boat was in a slip on a floating pier well up Bayou Chico. > Similarly constructed piers are advertised as being safe for Category 3 > storms. Although it was properly secured, Touche' sustained moderate > damage during the storm. > > Subsequent to the storm, I, and several other owners of boats moored on > this pier, received letters from the marina's legal counsel informing us > that OUR boats had damaged THEIR pier and that we were liable for damages > in excess of $15,000. Another marina in the Pensacola area which was > destroyed has also sent letters advising liability to their tenant > boatowners. The new development: another owner informed me that he had > gotten a letter last week raising the liability to $57,000. I have not > received a similar letter. > > Based on my personal post-storm inspection of the pier, here's what I > believe occurred. The marina allowed a LARGE power catamaran to be moored > on my pier. During the storm, this vessel apparently broke loose. I > observed the cleats to which I believe the vessel's stern lines were > attached were missing, having been ripped from the dock. When it broke > loose it apparently pulled the main portion of my pier and caused extensive > structural damage to the pier. Namely, all the attached finger piers > became tilted and/or broke loose from the main pier. Several boats which > were moored in the slips were damaged as a result. It is my belief that > had the catamaran not broken loose, Touche' would have weathered the > strorm unscathed. > > Although this legal action may be a standard procedure in order for the > marinas to establish contributory/shared liabilities for insurance > purposes, it can be stressful for boat owners. My marina required me to > list them as co-insured so this issue is basically between the marina and > my insurance provider now. If I receive another letter, I'll just forward > it to my insurance provider like I did with the first one. My insurance > provider basically told them to pound sand. > > Just advising the list. You might want to contact your insurance > provider. > > -- > Dennis C. > Touche' 35-1 #83 > Mandeville, LA > Custom laser engraved cutting boards are available at the C&C Photo Album > site.
Custom laser engraved cutting boards are available at the C&C Photo Album site.
