petem
Well-known member
Great work TwoHooters and if the value of the boat is a 'life changing' amount, time well spent.
After these last few posts, maybe I will be telling the insurer when I buy the policy how I have made up the "Agreed Value".
i.e.
Find an appropriate second hand boat that is for sale and list its price.
Then add an estimate for each of the extra items that I have installed on the boat.
For example, my new synthetic teak, Coppercoat bottom, new cockpit covers, modern toilets etc
List the "replacement value" for each item
The total being the "Agreed Value"
Of course, this assumes that I get a good "Agreed Value" policy.
I'm not a lawyer / expert in this field but as far as I know, Y had a 'Binding Authority' from Amlin and Topsail have one too from N&G. This enables them to make changes to their policies as they see fit.Looking at jrudge's post I find myself thinking that in a world where we are dealing with insurance agents, not brokers, perhaps a key differentiator should be their willingness to (a) agree a value in writing based on evidence supplied to them, and (b) confirm in writing what unclear policy wording means - in the past on this forum we have discussed the question of whether a permanent connection to shore power is allowed or not and this thread has lots of examples of what one might call "grey areas" - a term I usually hate but it is relevant here.
An insurance agent who simply says 'That's the policy, can't change anything, take it or leave it' is going to be less attractive than one who enters into correspondence and removes doubt from important areas.
Ah - now thats the point. It would be good to know that a policy has not got contradictions or clauses that create uncertainty. There is no point in agreeing a value if the agreed value clause in undermined later in the contract. I do not agree with those prepared to accept some wordings - Insureres will not be nice to you in the event of a bog claim - there is a lot of complacency here! IMHOAt the end of the day it will come down to what can reasonably be agreed with you and the insurer.
Chris, if you're suggesting I'm being complacent I can assure you I'm not! Whilst my share in our boat is less than the value of my car, it is a syndicate boat so I want the insurance to be as comprehensive as possible.Ah - now thats the point. It would be good to know that a policy has not got contradictions or clauses that create uncertainty. There is no point in agreeing a value if the agreed value clause in undermined later in the contract. I do not agree with those prepared to accept some wordings - Insureres will not be nice to you in the event of a bog claim - there is a lot of complacency here! IMHO
I take your point but in this context while the policy is a contract with the underwriter and is sacrosanct the commercial transaction is with the broker/agent . If the broker/agent tells me in writing that I am covered while the boat is unattended and connected to shore power, and the underwriter later says they won't pay a claim because they consider this to be negligent, do I have a claim against the broker agent? In reality this is an academic question because it's so difficult and expensive to get anywhere with legal action these days.I dont think you will find that they will amend clauses in the policy unless you are a huge customer and have lawyers involved.
The challenge is that when it all goes wrong the policy is all that matters. Clearly a letter from a broker in response to a clear question given a clear answer will carry some weight, but only some. When I had a software business the T and C said something to the effect of dont listen to the salesman - only changes signed by a director are real. I suspect the policy says something similar - most documents do.
Now that is interesting. I've added it to my checklist. Does the broker/agent have authority to agree policy changes or clarification. Thanks.I'm not a lawyer / expert in this field but as far as I know, Y had a 'Binding Authority' from Amlin and Topsail have one too from N&G. This enables them to make changes to their policies as they see fit.
In line with what JRudge also said one of the issues re upgrading a boat is whether it is actually recognised in resale value ie the value of the boat. So I too added quite a bit of things such as watermaker, and like you upgraded certain things. I also had a total loss and have the experience here of this with the insurer that anyone with Y used to have as I believe they used to only work with Amlins until recently. In my case the insurer agreed to repair my boat. The repair bill ended up being greater than the value of the insured sum and they met the cost. During its repair i added a watermaker, replaced the teak (horribly expensive) and a few other things. When it was all done i gave the insurer the value of the boat including all the upgrades but they came back and wanted a valuation from an independent value. this came out at quite a bit less which i challenged. the value said that upgrading teak, watermaker etc would add to value but would never be reflected 100%. The insurer used the valuation report. Now i see that others have agreed a value with their brokers, which is great. But i suspect that were one to do a huge amount of work and suddenly ask your broker to substantially increase insured value then very likely you will be asked for a outside valuation. The underwriters clearly do not wish to suffer losses from people who simply increase the sum insured and then “scuttle” the boat. I am sure no one here would do that but as i said before, the loss adjuster i used said that at least 75% of claims are suspect, especially in a total loss situation and even more so when the boat market is soft ie tough to sell boats.I must thank you Chris for the very clear way you lay things out.
Your last post made me think about "change in value"
I've put in air con - change in value (I didn't tell Y about this, guess I should have)
I've replaced all the upholstery with which was tatty and damaged - change in value or just normal maintenance to retain value and make it sell-able.
Hmmmmm?
Secondly, even if the you interpret the clause as literally (incorrectly) as you do, if the market for Targa 34's drops through the floor then I'll be able to pick up a replacement at a lower cost.
Finally, I suspect that a compromise will be required somewhere as there aren't any policies out there that are perfect in every way.
OK let me make an example.At the end of the day it will come down to what can reasonably be agreed with you and the insurer.
You cant profit from insurance, its aim is to put you back in a position before the loss.
A boat with new covers, modern WC, coper coat etc will ( in my view) be slightly more saleable - but these things would not alter its value in any material way. As we see on here must buyers are blind to the true cost of works. Same with houses. Ones not done up regularly sell for crazy money as the people clearly have no idea of the cost of quality renovation.
A substantial refit of which the above was part probably would impact its value.
In my case with Y I told then I bought the boat for X, did - insert long list- which in my view makes the boat worth Z. They agreed. So all that really matters is the insurer agrees and you dont mind paying the inflated premium that the cover will carry.
OK let me make an example.
Virtually all the second hand P67s have vac toilets.
You and I know that these are (as previously described) "the work of the devil".
And I think that both of us wouldn't want a boat with vac toilets again.
My boat has electric toilets that I fitted myself.
So, in the event of a total loss, I would want my policy to cover the replacement of the boat and then have enough additional funds to have a contractor to install equivalent toilets to the ones that I have installed. Thus, in this instance, bringing the replacement boat back to the standard of the lost boat.
Both the insurance company and I could easily accept the second hand value and my premium would be calculated accordingly.
But I want my policy to cover more that the replacement - I want it to return the boat to its original state and I am prepared to pay more on the premium in order to have this cover.
If the "Agreed Value" between me and the insurer is meaningless, then I shouldn't be paying more on my premium.
I believe this is the crux of the problem.
Thats the deal that I want.They will just give you money . You find the boat.