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Old 19-08-2019, 05:07   #1
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Location: Bogue Sound NC
Boat: 1987 Cape Dory MKII 30 Hull #3,
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Owner repairs.Insurance Claims

Hi
just ran into this article
https://www.passagemaker.com/trawler..._hsmi=75741471

We have talked and discussed many times about the possibility of having an Insurance claim questioned the quality of the work done by an owner.
However, I never heard a clear denial based on "failure to inform the insurance company of work done......"
This is a complicated case with many legal aspects nevertheless what bothers me is "the failure to report..."
What does it mean? where is stated on the policy?
I personally will call Boat US for clarification.
I do most of the work including repairs, new installs, etc.
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Old 19-08-2019, 05:33   #2
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by davil View Post
Hi
just ran into this article
https://www.passagemaker.com/trawler..._hsmi=75741471

We have talked and discussed many times about the possibility of having an Insurance claim questioned the quality of the work done by an owner.

What does it mean? where is stated on the policy?
I personally will call Boat US for clarification.
.
You want us to read your policy?
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Old 19-08-2019, 06:05   #3
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by S/V Illusion View Post
You want us to read your policy?
===============================

no
I do not want you to read my policy
In fact, if you do not have any intelligent contribution to make perhaps you should use those few little brain cells to instruct your fingers to pound after you think.
If this issue is of not concern to you that is fine.
move on.
===============================================
this article refers to a question that many times have been entretained and certainly I thought.
Also is the first time I came across a denial of coverage and want to share.
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Old 19-08-2019, 06:14   #4
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by davil View Post
===============================

no
I do not want you to read my policy
In fact, if you do not have any intelligent contribution to make perhaps you should use those few little brain cells to instruct your fingers to pound after you think.
If this issue is of not concern to you that is fine.
move on.
===============================================
this article refers to a question that many times have been entretained and certainly I thought.
Also is the first time I came across a denial of coverage and want to share.
Let’s review -you asked “where is it stated on your policy”

Your answer should be self-evident as your policy is the only relevant issue here, not other peoples’ opinions or their experience. Have you read it?
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Old 19-08-2019, 06:22   #5
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Re: Owner repairs.Insurance Claims

Without knowing the facts of the case - which should become apparent in court - it seems that the insurance company doesn’t like that the guy drilled holes near his waterline in an aluminum boat and plugged them with epoxy. Duct tape might have worked better. We don’t know how big the holes were, what kind of epoxy mix was used, or the effects of aluminum expansion/contraction and vibration could have had. If you go around modifying your boat in ways that affect it’s structure (like drilling holes in the hull) there is very likely a clause in your policy that calls for you to inform them of it.
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Old 19-08-2019, 07:04   #6
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Re: Owner repairs.Insurance Claims

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Originally Posted by davil View Post
However, I never heard a clear denial based on "failure to inform the insurance company of work done......"
.
I read the article and then did a search for "failure"...I can't find your quote.

The guy admitted to drilling holes and then using epoxy that specifically states it's not for filling in holes.

Therefore the insurance company is claiming the sinking was predictable and therefore not covered.

In addition, there appears to be additional fraud as he claims to have been in a liferaft for a week but the insurance experts are documenting that given his condition he couldn't have been in the liferaft for a week.

This appears to have nothing to do with reporting to the insurance or even allowing DIY work.

But I also, agree...we can't tell you where to find the clause in your insurance unless you provide us a copy of your insurance to review.
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Old 19-08-2019, 07:12   #7
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by psk125 View Post
Without knowing the facts of the case - which should become apparent in court - it seems that the insurance company doesn’t like that the guy drilled holes near his waterline in an aluminum boat and plugged them with epoxy. Duct tape might have worked better. We don’t know how big the holes were, what kind of epoxy mix was used, or the effects of aluminum expansion/contraction and vibration could have had. If you go around modifying your boat in ways that affect it’s structure (like drilling holes in the hull) there is very likely a clause in your policy that calls for you to inform them of it.
==========================================
agree
the issue that has bothered me is the insurance company having stated

"breached his duty by failing to inform the insurance company of work he did on the boat"


During my life as a boat owner have done most of the work including replacing an engine, rigging, electrical, etc, never bother to call the insurance to "report"
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Old 19-08-2019, 07:34   #8
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by valhalla360 View Post
I read the article and then did a search for "failure"...I can't find your quote.

The guy admitted to drilling holes and then using epoxy that specifically states it's not for filling in holes.

Therefore the insurance company is claiming the sinking was predictable and therefore not covered.

In addition, there appears to be additional fraud as he claims to have been in a liferaft for a week but the insurance experts are documenting that given his condition he couldn't have been in the liferaft for a week.

This appears to have nothing to do with reporting to the insurance or even allowing DIY work.

But I also, agree...we can't tell you where to find the clause in your insurance unless you provide us a copy of your insurance to review.
===============================================
again,agree,the only statement on BoatUS policy regarding work we do is
". Any loss, damage, expense or cost of
repair caused directly or indirectly by
incomplete, improper or faulty repair,
maintenance, or renovation;"
No reference to "report"
My intention posting this was to share, my posting was grammatically wrong as implied asking or requesting opinions or help on my insurance with BoatUS.
that was not the case, and apologize, my reaction also was automatically to these off the cuff smart-aleck responses we some times get.
take care
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Old 20-08-2019, 00:14   #9
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Re: Owner repairs.Insurance Claims

It may or may not directly state that they need to be notified but if you notify them and they take no action to verify or cancel your insurance, they are tacitly accepting the repair (depending on how much detail you provide).

If you do not notify them, YOU never game them an opportunity to accept or deny that the repair was acceptable. YOU effectively changed part of the contract without their input.

Of course in reality, they likely wouldn't do anything if you did notify them of minor work and if the repair was egregiously bad, they could still put the blame back on you but it puts you in a stronger position that you notified them and by not questioning it, they are accepting of it.

But again, I didn't see anything in the link to suggest "notification" of the work was in any way an issue. It was use of a product in a manner specifically called out by the product as inappropriate...ie: it was an egregiously inappropriate repair...and then followed up by what appears to be other fraudulent activity.
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Old 20-08-2019, 11:16   #10
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by valhalla360 View Post
It may or may not directly state that they need to be notified but if you notify them and they take no action to verify or cancel your insurance, they are tacitly accepting the repair (depending on how much detail you provide).

If you do not notify them, YOU never game them an opportunity to accept or deny that the repair was acceptable. YOU effectively changed part of the contract without their input.

Of course in reality, they likely wouldn't do anything if you did notify them of minor work and if the repair was egregiously bad, they could still put the blame back on you but it puts you in a stronger position that you notified them and by not questioning it, they are accepting of it.

But again, I didn't see anything in the link to suggest "notification" of the work was in any way an issue. It was use of a product in a manner specifically called out by the product as inappropriate...ie: it was an egregiously inappropriate repair...and then followed up by what appears to be other fraudulent activity.

==============================================
must addapt to the always increasing litigious times and liability concerns.
seems will be "reporting" to BoatUS any significant install or improvement to be on the safe side.
thank you for taking the time
David
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Old 20-08-2019, 23:21   #11
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Re: Owner repairs.Insurance Claims

Quote:
Originally Posted by davil View Post
==============================================
must addapt to the always increasing litigious times and liability concerns.
seems will be "reporting" to BoatUS any significant install or improvement to be on the safe side.
thank you for taking the time
David
Nothing new about dealing with contractual issues in writing. 75-100yrs ago, you were still a fool not to handle contractual items in writing. People going on about doing business with a handshake are watching too many movies.

But I'm still back to the issue that the article linked had nothing about notification as an issue. The issue was he admitted using inappropriate repair products.
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