Suing an Insurance Company

[Dave22q]

Originally Posted by buzzstar

Now we are getting closer to my point. It is not a guess. Please see posts #41 and 42. The OP had a plan, which he executed prehurricane, and says he can prove it but he had not sent it to the insurance carrier. My bet is that any attorney worth is or her salt, could convince the insurance carrier, or if needed, a court, with or without a jury, that the sending of the plan wold have made no difference under these particular facts, and the insurance coverage should be paid. All of you naysayers are helping the rotters at the insurance companies, not a fellow boater.

I'm no nay sayer, just not brain dead. In contract law the document is all, good intentions are damn near worthless.

[Cadence]

Originally Posted by Dave22q

I'm no nay sayer, just not brain dead. In contract law the document is all, good intentions are damn near worthless.

I feel sure the insurance company has lawyers on staff so it wouldn't cost them an added nickel to fight

[sailjumanji]

Originally Posted by tomfl

That was not the case with my policy, I just had to submit a general plan one time. I suspect this is policy specific and some policies may require a plan for each hurricane.

My policy was the same. Foremost insurance. Had to have a plan for tropical storm/hurricane. Seems to me that it had to be submitted before they would issue insurance.

[CarlF]

Assuming this boat is worth more than $25,000, I'd spend $1000 having a lawyer send a few letters designed to make the insurance company less confident of their decision - maybe they didn't know all of the facts. Maybe a clerk with 200 claims on his desk was careless. It's way too early to threaten a lawsuit. Filing a lawsuit is going to war. Everyone loses. Even a mediocre lawyer would think of questions like this:

Did the insurance say that the hurricane plan was required to issue a policy but issued it anyways? Why?

The insured prepared the boat to the standard of a hurricane plan. Here is what he did. Have you accepted hurricane plans like this in the past from clients?

Is it the policy of the insurance company to send reminders if they have not received the plan? Did they for the insured? Did they for others? When? How many times? Please send a copy of what was sent.

And if they are hanging tough - Would the insurance company agree pay the claim with a larger deductible to settle the matter quickly without litigation?

[sailjumanji]

Foremost required a "hurricane haul plan". I had no intention of hauling the boat during a hurricane (those facilities don't exist in this area), but the following was my plan, and what I submitted. Foremost accepted it without comment. Only thing not on here that I did was climb the mast and remove the wind instrument. You can see this is pretty standard prep work for most people, but showed them I had a plan, and commitment to do these things. Its also clear I didn't commit to being hauled out.

Just FYI, the boat sustained no damage during Hurricane Harvey except for losing the vhf whip, which the eye passed within 20 miles of my house. We had 8 ft surge, and wind gusts to 194 mph (as measured at the marina airport, then the instrument was destroyed!)

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Vessel Mooring/Slip:
The vessel is moored in a permanent dock/slip behind the Marina Drive residence. The dock is in the same protected lagoon area as the Island Moorings Marina. The dock has been modified with tall pilings and TideSlide Mooring System (TideSlide Mooring Systems- Solid SS tidal mooring products for any boats or docks- 1(800)780-6094) to allow the vessel to be securely moored at the dock, and designed to compensate for up to 10-11 ft change in water level associated with a tropical storm or hurricane.

The owner’s residence and houses on each adjacent lot also protect the vessel from wind direction NW-W-SW, when moored at the residence.

Vessel Preparation Plan:
• Add dock lines running from piling TideSlides to the front and rear crossbeams on the boat, which provide secondary securing lines that do not rely on the normal cleat attachments. (Tie-up using the piling TideSlides and boat cleats will still be used as a primary system.)
• Use fire hose or other materials to guard against chafe at cleats and other exposure areas
• Add fenders and fender boards to prevent “dock rash”
• Tightly wrap the mainsail and stack pack (mainsail cover) to the boom using rope, to reduce windage and damage to the canvas
• Remove the roller furling jib and sheets to reduce windage
• Attach halyards to crossbeam shackles additional mast support. Tie up halyard tails to reduce windage and prevent flogging damage to the mast
• Remove the dinghy and motor from the davits. Deflate dinghy and store both in garage.
• Remove all canvas and screens from the boat. Store below (inside boat).
• Remove all exterior cushions (targa seating and salon) and store below
• Remove portable electronics and chartplotter from the boat, and store in the house
• Seal off cowl ventilators to prevent water intrusion
• Close all thru-hulls
• Fill 105 gal fresh water tank to add weight and stability
• Assure boat batteries are fully charged and bilge pumps are left in automatic position

Note: Planned vessel preparation is similar to what was done by owner in advance of numerous storms including Hurricane Ike in 2008, when the boat was moored in Waterford Harbor Marina in Kemah, Texas. The boat sustained no damage in that storm.

[buzzstar]

Originally Posted by Dave22q

Your error is not their problem. The contract was clear and you violated it. I doubt that any lawyer would take this looser on contingency. You only recourse is probably to claim you sent in a plan and then followed it. It's a lousy plan but about the best you got. Threats will get you exactly nowhere.

How long have you been in the practice of law? Not at all is my take. Insurance companies make a part of their income from people who share your opinions, fail to act, and encourage others not to act either. Your attitude is if the company's contract specified half inch mooring line, and your used 5/8", you'd lose out. Not typically so, and as with many things contractual and legal, it depends upon the law and facts as determined by the trier of fact.