I'm an insurance nerd (due to my job) and putting the marina on your liability policy only protects them if you and they get sued as a result of the same incident. It does not give them the right to make a direct claim against your insurance. I agree though that boats owners should should have marine liability policies as a general rule because they provide broader cover intended to respond to the kinds of situations we get into. However, for boats less than a certain size (18 ft. I think) your homeowner's policy will extend to the boat. I hadn't thought about it before, but this is a good reason to consider the ownership of the marina- never underestimate the the financial drivers of for profit owned marinas...
Bruce Whitmore 1994 C&C 37/40+ "Astralis" Madeira Beach, FL (847) 404-5092 On Fri, Mar 11, 2022, 12:10 PM Edward Levert via CnC-List < cnc-list@cnc-list.com> wrote: > 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.
Custom laser engraved cutting boards are available at the C&C Photo Album site.
