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Old 13-12-2011, 11:11   #1
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Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

Hello,

I wanted to share a recent blog I wrote online based on some of my own experieince with marine survey damage claims and some of the legal tricks that are pulled when these losses go into litigation. The blog was written simply to make boat owners in Florida aware of what may happen if they have a loss that may go into litigation and what can happen to make your marine damage claim report deemed inadmissible.

There is nothing worse than seeing someone going into court with a rightous, strong case only to have their exhibits or evidence deemed inadmissible because of some loophole in the law, case law or some previous written court opinion. So I thought I would write a bit about this subject to help make others aware on some of these existing legal opinions that exist that are relevant to marine damage claims. The link is below at:

Florida’s Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports | Suenos Azules Marine Surveying and Consulting
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Old 13-12-2011, 12:25   #2
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Re: Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

You may find it best not to say, but I'll give it a shot anyway: Are there certain, or types, of insurance companies that are more likely to use these tactics?
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Old 13-12-2011, 12:37   #3
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Re: Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

I could not give you a list on who or who does not use those types of court tactics, only to say that in Florida it is there for the taking if a lawyer wanted a Damage Claim Report to be thrown out. It would definately at least be entertained by the existing case law and legal opinions that exist in this state. Another tactic I have seen in my experience is bigger companies or those with more money that will file countless numbers of motions during litigation just to run up the opposing side's (typically the boat owner) legal costs in order to in essence bankrupt them out of the case.
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Old 13-12-2011, 13:14   #4
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Re: Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

Thank you for a very well writen blog and informative post. I have witnessed the inadmisability of obvious information in cases. I am not suprised to hear this. It just confirms the old saying:

"First we shoot all the lawyers"
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Old 13-12-2011, 13:17   #5
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Re: Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

If I am understanding you are saying in FL the surveyor needs to also be a PI for the report to be admissable in court?
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Old 13-12-2011, 13:27   #6
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Re: Florida's Admissibility of Loss Conclusions in Marine Damage Claim Survey Reports

Quote:
Originally Posted by Don Lucas View Post
If I am understanding you are saying in FL the surveyor needs to also be a PI for the report to be admissable in court?
What I have seen, as outlined in the blog I wrote for Florida boaters is this; In Florida if you do any kind of investigation work such as getting witness statements or give a statement to a loss conclusion based on investigative efforts that if the case were to go into litigation there is enough case law and legal opinions to support having those findings ruled as inadmissible (whether they be oral or in a marine damage claim report) if they did not come from someone that held a Florida Private Investigator's License. It is a loophole. I am simply pointing it out.
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