Fuel tank leak

petem said:
But the policy says...

"... loss of or damage to the Vessel’s Machinery caused by the failure of any component ..."

A tank is defined as Machinery so loss to it by the failure of any component (which I assume includes failure of the tank itself) is covered.

BUT, there's an exclusion that says...

"making good any fault or error in design or construction;"

So if Bouba had my policy, for example, he would need to prove that the failure of the tank was not due to an error in design or construction. It's looks likely to me that the failure of the tank is due to a design or construction fault however it doesn't seem that this is a common issue with these boats.

Ironically, if Bouba had accidentally put a self tapper through the tank he'd be in a much better position.
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By that logic you’ve effectively got a 10 year warranty on your entire boat, which doesn’t seem very likely.
 
jakew009 said:
By that logic you’ve effectively got a 10 year warranty on your entire boat, which doesn’t seem very likely.
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I did clarify in another post that there's an exclusion for design and manufacturing faults and defects. So Bouba would need to prove that his leak isn't due to one of those causes.

Of course, that's just one policy, Bouba's may be completely different.

Note that policies generally require the policyholder to notify the insurer as soon as they are aware of any issue (not wait six months).
 
stelican said:
Bouba
How is the replacement tank proceeding any update ?
Hope progress is now being made.
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We have engaged a company of marine surveyors who deal with this sort of thing...they have contacted Benny and we are just waiting for their reply....the plan is to cut up the old tank and remove it and replace it with a smaller one that can fit in...but this will need to be approved by the factory
 
Bouba said:
We have engaged a company of marine surveyors who deal with this sort of thing...they have contacted Benny and we are just waiting for their reply....the plan is to cut up the old tank and remove it and replace it with a smaller one that can fit in...but this will need to be approved by the factory
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I really dont understand why the factory needs to be involved in this - I understood why they *might* be involved if you were planning on cutting the boat hull/superstructure etc up to get the tank out, and a new identical one put back in, but now Its just a simple removal of old tank without touching anything else, and fit a new smaller tank - I dont understand why you would need or even want the factory involved in this. Did you get the factories approval before you strengthened the transom area for your pasarelle? This work is similar to that (but this is probably simpler in reality - with the pasarelle work you were transferring structural loads into other parts of the hull) , it should just be a routine job for a competent yard.

What does approved by the factory really mean? realistically will the factory ever 'approve' this - does it mean the factory are on the hook for any issues in the future - if so I suspect you will struggle to get their approval.
why would it need to be approved by the factory?
What happens if you just tell them to get on with it without talking to the factory?

I think the error here was going to a benny dealer to get the work done .
 
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julians said:
I really dont understand why the factory needs to be involved in this - I understood why they *might* be involved if you were planning on cutting the boat hull/superstructure etc up to get the tank out, and a new identical one put back in, but now Its just a simple removal of old tank without touching anything else, and fit a new smaller tank - I dont understand why you would need or even want the factory involved in this. Did you get the factories approval before you strengthened the transom area for your pasarelle? This work is similar to that (but this is probably simpler in reality - with the pasarelle work you were transferring structural loads into other parts of the hull) , it should just be a routine job for a competent yard.

What does approved by the factory really mean? realistically will the factory ever 'approve' this - does it mean the factory are on the hook for any issues in the future - if so I suspect you will struggle to get their approval.
why would it need to be approved by the factory?
What happens if you just tell them to get on with it without talking to the factory?

I think the error here was going to a benny dealer to get the work done .
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Unless benny are paying?
 
Mr Googler said:
Unless benny are paying?
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Why should they ?
Could be construed as an admission of liability, kinda hush money to shut him up .Maybe there are others and its kinda some a carpet sweeping exercise .They don’t wont a PR disaster …..another .Plenty of others like brass skin fittings used on sail boats fizzing away in less than 5 yrs .
Alternatively they are so large and the go to Fr boat builder with bulging order books they don’t care about the bug stains on there build quality records and they know they sell on price a tried and trusted winning ( up to now ) formula.
 
julians said:
I really dont understand why the factory needs to be involved in this - I understood why they *might* be involved if you were planning on cutting the boat hull/superstructure etc up to get the tank out, and a new identical one put back in, but now Its just a simple removal of old tank without touching anything else, and fit a new smaller tank - I dont understand why you would need or even want the factory involved in this. Did you get the factories approval before you strengthened the transom area for your pasarelle? This work is similar to that (but this is probably simpler in reality - with the pasarelle work you were transferring structural loads into other parts of the hull) , it should just be a routine job for a competent yard.

What does approved by the factory really mean? realistically will the factory ever 'approve' this - does it mean the factory are on the hook for any issues in the future - if so I suspect you will struggle to get their approval.
why would it need to be approved by the factory?
What happens if you just tell them to get on with it without talking to the factory?

I think the error here was going to a benny dealer to get the work done .
Click to expand...
The boat yard says they will not proceed without the factory giving a written procedure and the surveyor said that no other boat yard would do the work without the factory go ahead
 
It will be the surveyors CYA radar .Professionally why wouldn’t he contact Beny ?

Look bad in court one day why asked “ why not “ by an advocate .

Beny will write back with the a vague kinda “ as you like “ suggestion passing the buck back to Bouba s people .
And a disclaimer along the lines of “ we are not responsible for any acts or omissions, suggestions unless it’s returned to the factory for our people to fix ….with assorted costs covered by Bouba .

This is just time wasting does not change the outcome except the surveyor had Covered His Arse professionally .CYA .
 
Bouba said:
The boat yard says they will not proceed without the factory giving a written procedure and the surveyor said that no other boat yard would do the work without the factory go ahead
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What happens if the factory is obsolete .Doesn’t exist anymore .
The boats freezes unfixed ? Nope what happens is A . N . Other (competent yard ) uses its autopilot to fix it .

Like here the motors removed gives access to the tanks ( if replacement was necessary for the purpose of illustration)

No ones contacted or waited for factory say so .

 
Bouba said:
The boat yard says they will not proceed without the factory giving a written procedure and the surveyor said that no other boat yard would do the work without the factory go ahead
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I understand this yard (the benny dealer) saying they wont proceed without written procedure from benny, seeing as they are a benny yard, it would be like me taking my BMW to a BMW dealer and asking them to fit a smaller engine, they simply wouldnt do it, or if they did they would want BMW to approve first.

But I dont buy the line from the surveyor saying no other yard would fix this problem without approval from benny - thats straight up bull.

The boat is a few years old and out of warranty, what would the various yards do if benny wasnt around any more - refuse to do the work at all? doubt it - its just about finding a competent yard to do a simple job. Its a bit too late for you now though, now the boat is sat there with the engine out.

Given what you are being put through by the dealer/benny I'm surprised they havent yet blamed the leaky tank on your pasarelle reinforcement - that will be the next stage of passing the buck,
 
Bouba said:
The survey company has two parts....the marine surveyor and the legal expert...so far it’s the legal team we are working with (even though he has inspected the boat)...
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What are you hoping to achieve getting legal ? Repairing a leaky tank which is a how longs a piece of string answer to the whys and wherefores ? The boats warranty has expired .
 
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julians said:
I understand this yard (the benny dealer) saying they wont proceed without written procedure from benny, seeing as they are a benny yard, it would be like me taking my BMW to a BMW dealer and asking them to fit a smaller engine, they simply wouldnt do it, or if they did they would want BMW to approve first.

But I dont buy the line from the surveyor saying no other yard would fix this problem without approval from benny - thats straight up bull.

The boat is a few years old and out of warranty, what would the various yards do if benny wasnt around any more - refuse to do the work at all? doubt it - its just about finding a competent yard to do a simple job. Its a bit too late for you now though, now the boat is sat there with the engine out.

Given what you are being put through by the dealer/benny I'm surprised they havent yet blamed the leaky tank on your pasarelle reinforcement - that will be the next stage of passing the buck,
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I used a vid to paint 1000 s of words in agreement ^^^
 
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