ukbazz
New Member
Wondering if any readers can help with opinions on the following nightmare.
I've had Comprehensive motor boat insurance with the same company for 15 years - no claims until now.
A while ago I was supposed to run boat down the coast to sell her, so one Sunday went down to do that. There was a incident on departure, where on releasing the bow lines and springs (stern line still attached, the wind caught the topsides and carried her stern first against the pontoon. This cracked exhaust outlet and buckled a trim tab, so was expecting to sort this with the buyer and motored off.
A few miles later on the journey both engines cut at exactly the same time as black smoke spewed from the exhausts. Massive overheat in engine room and both raw water inlet hoses had sucked themselves in. At this point noticed water ingress through starboard P-bracket studs as well. Lifeboat towed me back and I cancelled sale.
Insurance company assessor inspected and insisted it was down to bad impellers, although I did ask the engine manufacturer if a raw water blockage could have caused it as it seemed odd both impellers would go at exactly the same time and for the hoses to get sucked in the there must have been suction from the raw water pumps - there was a lot of debris in the water that trip and they said that was quite possible. I therefore paid engine damage myself, leaving remaining damage to insurers. On crane out a large hank of rope was wrapped around the starboard prop and shaft and this looks like what cause the P bracket damage.
Due to the Covid issue progress was slow and the boat was lifted in December, and I have only just now heard back from the insurers after they sent a second assessor down.
They are saying that as the damage was caused by two separate incidents I must pay the excess twice. There has been one claim made. The section in the policy re excess reads as follows:
"The excess stated in the Certificate of Insurance will be deducted from all claims except in respect of claims:..." Nowhere does it state that the excess applies per incident!
There is another section 'Marina Benefits' wording is:
"In the event of a loss covered by the Policy occurring while the Vessel is in a purpose built marina either ashore or afloat on a berth, We will not apply the Policy excess and You will not lose Your no claims discount."
They are saying two things in regard to this firstly - it was not in a marina, although the place it is berthed in, on a serviced pontoon berth, is a member of The Yachting Harbour Association, whose purpose is to promote marinas.
Secondly "The vessel wasn’t on a berth at the time of the damage occurring it was clearly moving and under way albeit one warp was still attached to the pontoon, this can’t however be described as on a berth as referred to in the Marina Benefits section of the policy, once it’s underway it has left the berth."
I found the following definition of underway:
" Q. When is a vessel under way?
A. A vessel is NOT underway when it is at anchor, made fast ashore (tied to shore) or, in the least desireable scenario, aground. If a vessel NOT underway = fixed to a point, then it would make sense to say that a vessel is under way when it is not fixed to a point. i.e. a vessel which has raised its anchor, floating around in the water or has become untied from the shore. So, we’ve established that a vessel under way is, to put it simply, a vessel free to float around without restrictions. This does not mean that the vessel is being pushed/propelled through the water in any way."
As already mentioned, stern lines were attached so not not free to float without restriction.
Any readers comments welcome as I try and sort out this mess!
I've had Comprehensive motor boat insurance with the same company for 15 years - no claims until now.
A while ago I was supposed to run boat down the coast to sell her, so one Sunday went down to do that. There was a incident on departure, where on releasing the bow lines and springs (stern line still attached, the wind caught the topsides and carried her stern first against the pontoon. This cracked exhaust outlet and buckled a trim tab, so was expecting to sort this with the buyer and motored off.
A few miles later on the journey both engines cut at exactly the same time as black smoke spewed from the exhausts. Massive overheat in engine room and both raw water inlet hoses had sucked themselves in. At this point noticed water ingress through starboard P-bracket studs as well. Lifeboat towed me back and I cancelled sale.
Insurance company assessor inspected and insisted it was down to bad impellers, although I did ask the engine manufacturer if a raw water blockage could have caused it as it seemed odd both impellers would go at exactly the same time and for the hoses to get sucked in the there must have been suction from the raw water pumps - there was a lot of debris in the water that trip and they said that was quite possible. I therefore paid engine damage myself, leaving remaining damage to insurers. On crane out a large hank of rope was wrapped around the starboard prop and shaft and this looks like what cause the P bracket damage.
Due to the Covid issue progress was slow and the boat was lifted in December, and I have only just now heard back from the insurers after they sent a second assessor down.
They are saying that as the damage was caused by two separate incidents I must pay the excess twice. There has been one claim made. The section in the policy re excess reads as follows:
"The excess stated in the Certificate of Insurance will be deducted from all claims except in respect of claims:..." Nowhere does it state that the excess applies per incident!
There is another section 'Marina Benefits' wording is:
"In the event of a loss covered by the Policy occurring while the Vessel is in a purpose built marina either ashore or afloat on a berth, We will not apply the Policy excess and You will not lose Your no claims discount."
They are saying two things in regard to this firstly - it was not in a marina, although the place it is berthed in, on a serviced pontoon berth, is a member of The Yachting Harbour Association, whose purpose is to promote marinas.
Secondly "The vessel wasn’t on a berth at the time of the damage occurring it was clearly moving and under way albeit one warp was still attached to the pontoon, this can’t however be described as on a berth as referred to in the Marina Benefits section of the policy, once it’s underway it has left the berth."
I found the following definition of underway:
" Q. When is a vessel under way?
A. A vessel is NOT underway when it is at anchor, made fast ashore (tied to shore) or, in the least desireable scenario, aground. If a vessel NOT underway = fixed to a point, then it would make sense to say that a vessel is under way when it is not fixed to a point. i.e. a vessel which has raised its anchor, floating around in the water or has become untied from the shore. So, we’ve established that a vessel under way is, to put it simply, a vessel free to float around without restrictions. This does not mean that the vessel is being pushed/propelled through the water in any way."
As already mentioned, stern lines were attached so not not free to float without restriction.
Any readers comments welcome as I try and sort out this mess!
