Paying for this Cut Price Yacht Delivery

[ridgy]

So this chap has been told to pay about 200K. Assuming he doesn't just hand over this sum in cash, I'm intrigued to know:

1. How do they find out how much money he has? Presumably he would have "lost" a few assets in the run up to the case in preparation for this outcome?

2. How is the payment enforced? It's a civil case so they can't send him to jail???

I imagine you can't get a 100K+ unsecured loan to pay off another debt?

 

[[3889]]

Going through the courts to recover a far more modest sum at the moment. Basically it seems to be a farce. When you win you then need an enforcement order in which the same court which delivered the judgement may amend the damages.

 

[savageseadog]

He would go to court for an "Oral Examination" (not the presurable sort)
He would have to present under oath his financial means. Any lies will be perjury and jail.

 

[Moonshining]

Is there no right of appeal against this sort of thing? It seems ridiculous that the insurance company get to say that they're not paying out and that's the end of it.

 

[Norman_E]

Probably enough wriggle room in the policy wording to make it too risky to sue them.

 

[Guest]

Last decision I saw ...

Guy awarded large sum ... other couldn't pay ... went to court - Court ordered silly sum regular installments ... the amount was that daft - that the guy receiving basically said - wasn't worth the hassle .... guy to pay had a smile on his face.

 

[andy_wilson]

I don\'t know but...

... if I were the skipper I would be appealing against the decision.

I can only imagine that the Company who employed the delivery crew felt that the skipper would be an easier touc than the insurance company.

Can't wait to see the full facts of the matter, and the basis upon which the Insurance Company claimed negligence, and why the owner chose not to pursue the Insurers rather than the skipper.

 

[Guest]

Like you and others have said ....

Ther has to be more to this than meets the eye ... Courts don't just award without cause or reason. Second we all know Ins. Co's duck and dive ... but Courts can step through that easily ...

 

[bilbobaggins]

Re: Like you and others have said ....

[ QUOTE ]
but Courts can step through that easily ...


[/ QUOTE ]

But only on the evidence presented. Insurance coys - as you know - employ teams of sharpie legal beagles just for this sort of stuff, while our hapless heros have to employ their own, from own pockets - unless they have 'Legal Expenses Insurance'....

Not level playing field, therefore no contest!

So, 'pay peanuts, get monkeys' is the adage - and that relates to the legal issues only!

/forums/images/graemlins/crazy.gif

 

[Dave99]

Re: Like you and others have said ....

Interesting one. I did a delivery/commisioning and during the unloading, one of the boat builders managed to damage the hull. In the end they claimed on their yard insurance, even though it was insured by the new owner.

 

[Mike21]

Re: Like you and others have said ....

Remember there was something about this in MBM in 2003 when this happenned.
Believe the report said ins. co. were refusing to payout as felt crew negligent.
Rumour being they hit a lit buoy at night in good vis, doing about 20 knot

 

[Tisme]

Nobody was insured. That's why the owner sued the delivery crew.

 

[bilbobaggins]

Re: Insurance briefings

The well-known German insurance broker 'Pantaenius' - who have a well-respected office in Plymouth - offer a booklet on Leisure Marine Insurance.

This may well be of help to some...

/forums/images/graemlins/smile.gif

 

[alant]

The only thing cut price, was the insurance!

Apparently, the boat was covered, but the insurance company voided the policy, due to 'negligence'.

Thats why "nobody was insured".

Why didn't the company hiring the delivery crew, also have some liability/responsibility, this again covered under any insurance they carry.

At which point would any insurance carried by the owner (assuming there was some in place) have kicked in in this case? (or kicked out it seems here)

If its that easy to void insurance cover, whats insurance worth anyway? Its a bit like entering a race, with a Stewards Inquiry each time there's any result? /forums/images/graemlins/tongue.gif

 

[[3889]]

Re: The only thing cut price, was the insurance!

Having held an intellectually stimulating discussion last eve, over a table awash with Speckled Hen, I offer this posit on the matter.

Boat was insured but Insurance Co. threatened owner with declining renewal or heavy policy loading but suggested owners sue delivery crew to get money. Rather than fight a big company this option was taken. As the delivery crew had no dealings with the insurance company they had no option but to stump up.
Well, it seemed good last night anyway.