hey, lets pay for our marina's insurance

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Heck - it's called spread the risk. As long as all other marina docking boats also have "additionally insured" for the marina then I have no problem with it. If some one else's boat screws things up (your boat included) the insurer of the offending boat is evermore fully tied in if court action becomes needed to settle claims. That said - I do believe the marina's insurance company should need to inform every docking boat's owner if the marina's ins lapses it's own coverage. Way it is now... we would have no clue if our marina's insurance terminated, for any reason. :popcorn:
 
Adding the marina as an additional insured means they will be notified if you change or cancel your policy! This is important! The marina is making sure everyone has adequate insurance in force. This protects you and your fellow slip-mates.

Yes there is a case for that position, as there is a equally strong case for Tom's view that the boat owners are entitled to be assured that their marina is properly insured as well, what's good for the Goose is good for the Gander

Perhaps the boat owners insurance companies should be pushing for this on their clients behalf, however don't hold your breath on that one.

A bit fanciful, but let's take an example.For the purposes of the story lets call the character....... Don

'Don invites his old mate, who he has known for years, down to his boat called say....Moonstruck, for dinner and drinks on board.

Now his friend has done well in the world, matter of fact he is Chairman of Exon, he's paid a squillion. Unfortunately, the maintenance man at the marina forgot to replace two rotten planks near Don's boat(this is despite constant nagging from Don).

Well, the chairman is no featherweight and what with that enormous gold Rolex on his wrist he goes straight through the planks, no hope for him at all.The marina life buoy was being used as a dart board in the canteen.

Don being a diligent soul has a proper insurance in place. However like all policies it has an upper limit on personal liability, in this instance say 10 million dollars.

The executors of a late lamented chairman take the matter to the courts who decide that based on his salary and projected lifespan, pain and suffering he was worth say 50 million dollars.

Unfortunately, the marina's insurance had lapsed. (the office secretary in the marina had put the cheque for the insurance premium into the envelope addressed to the local library that was supposed to contain a letter explaining why 'Gone With the Wind' was two weeks overdue.

The insurance company, being diligent, duly forwarded the letter to the library, unfortunately for all concerned, the librarian filed the insurance cheque in the pending tray, which we understand is still there.

In due course the executors sue the marina who in turn file for bankruptcy.They then go after Don, mainly because there is no one else to go after, (known in legal circles as last man standing)and also based on the fact that he knew the marina to be unsafe, he is held by the courts to be partially liability for the chairman's watery demise and an order of 15 million dollars in damages is made against Don.

Don now works as the maintenance man at the marina which is owned by the estate of his late friend the chairman, and part of his responsibilities is to clean the owners boat, an immaculate Sabre 42' called Moonstruck.'

Around Charleston this is known as Don's lament

Disclaimer; the characters in this work are fictional and in no way resemble Don or any floating 42' Sabre.

Happy Christmas to all. :rolleyes:
 
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Disclaimer; the characters in this work are fictional and in no way resemble Don or a certain 42' Sabre.

Absolutely. The real Don with a 42 Sabre is much better looking.:D
 
Too funny! Too true to real life!
 
Good story. The big question would be IF fatcat exec's lawyer would be able to PROVE negligence on Capt. Don's part. Pretty tall order.

Proving he's better looking? I'll take The Fifth on that.
 
My strikingly good looks are undisputed since I got my carry permit.:D

Tom, as you probably know, lawyers go after anybody and everybody. They don't even have to have deep pockets to get sued as long as they have insurance. The cost of litigation is so high that ambulance chasers realize they can get a settlement on most anything.
 
Good story. The big question would be IF fatcat exec's lawyer would be able to PROVE negligence on Capt. Don's part. Pretty tall order.

In this regard Don's problem stems from his prior documented knowledge of the faulty planks and his failure to act or warn the chairman of his peril.

" I put it to the court that not only did captain Tom cause the late chairman to visit the marina with the promise of food and drink......and who knows what else(this with a wink to the jury) he did so in the full knowledge that the walk way to his yacht, a rather large and grand affair I might say, was a potential death-trap.

You have heard from Mr Wallenski the SMO (senior maintenance officer) at the marina how he was constantly badgered and bullied by the defendant . Also you heard that the SMO wanted to close off the section of the walk way till repairs could be undertaken.

Captain Tom would have none of it, he was desperate to impress his famous friend regardless of the safety implications. His continual badgering and humiliation of Mr Wallenski, whose grasp of English and legal standing in this country put him in an invidious position.

You will recall the evidence of the owner of an Island Gypsy 36 motor yacht(Europa) on the next berth being continually harassed and bullied by the captain over the state of what's called brightwork and topsides on his boat. Captain Tom even threatened some form of physical violence over an argument about an anchor.

Ladies and gentlemen WHAT type of man would get into an argument over an anchor for heavens sake!Perhaps the type of man with strong pathological narcissistic behaviour traits, a win at all costs and devil take the hindmost personality.

I put it to you ladies and gentlemen of the jury, Captain Tom was quite willing to sacrifice the the safety of the chairman for the reflected glory of being seen as THE man on the marina, and the chairman paid the ultimate price for this raging egomania.

Was indeed there any real friendship at all. You have heard from the Chairman's devoted fifth wife, (such a tragedy for someone so young to lose her soul mate), that he regarded Captain Tom as an embarrassment and a bully, and that he only agreed to meet with the Captain after incessant phone calls and reference to some long forgotten childhood prank, which seemed to way on the chairman's mind.


You may ask what indeed was the true purpose of this insistent invitation.We shall never know.

Ladies and gentlemen of the jury the captain's death was as a direct result of some boards on the walkway giving way, what brought him there was an act of culpable negligence and wilful disregard from a so called friend ........

Captain Don has blood on his hands.

Sorry M'lord,I withdraw that last remark."
 
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After such overwhelming evidence presented, I must confess.:peace: . . . . . . . . . .but wait there's more. The chairman only came because I had a photograph of him in a compromising situation. So, in the end it was his fault altogether.
 
Greetings,
If it please the court M'lord.
Am I to understand that the Captain perished as well? "captain's death was as a direct result of some boards on the walkway giving way..." Well, M'lord, just who is on trial here? I call into question the verity of the narrator's description of events and suggest HE is to be implicated in these sordid proceedings...loose boards or not.
 
Greetings,
M'lord. If it pleases the court....Further to the question of culpability of the narrator it has come to my attention that there is a possible connection to one Rush Limpbough (in the pay of Faux News-a purveyor of misinformation, innuendo and general falsehoodery) whereby the narrator may share a genetic connection through his aunt's fifth cousin's gardener. It is a known fact M'lord, DNA does not lie. The plot thickens...
 
Now this is the best thread drift I've ever seen.
 
Sheesh. What a pile of c r a p after posting a serious reply. Start at the beginning. Read your insurance policy, as they are all different. If your marina wants to be added as an additional insured, do it. If they care that much, you can trust they are insuring themselves properly. If you have hypothetical questions, take them to your insurance company, as ALL POLICIES ARE DIFFERENT.

Rob
 
Greetings,
it has come to my attention that there is a possible connection to one Rush Limpbough (in the pay of Faux News-a purveyor of misinformation, innuendo and general falsehoodery) whereby the narrator may share a genetic connection

Who is this Rush Limpbough character, who might be a relation. Surely not his real name?
 
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Greetings,
Mr. Robster. The question was answered in the first 10 posts. Everything else was "what ifs" and "who said whats". Like the proverbial single/twin, galley up/down and anchor threads this one digressed into a somewhat greater foolishness than the others. Monty Python not withstanding, the creativity of Mr. G's carefully crafted response (except for the victim slip) was brilliant IMO. Apologies to you for MY contribution to the "crap". The "crap" should have been posted, more appropriately, in the "dissolving TP thread I suspect.
Mr. G... Rush Limbaugh - Wikipedia, the free encyclopedia
 
That is commoan practice in business. If we ant to do business with some compnay they require addtional insured. No cost to you. Mainas are a business as that is what is required. Not a big deal unless you cause a damge and/or liability to the marina. Just like banks they also want to be name as additonal insured.

You are making a big deal out of NOTHING.
 
BoatUS Magazine: Liability, A Marina Hot Potato?

It seems like you should at least know what you're waiving before there is an actual loss. There might be some specific contractual language that may attempt to shift responsibility for a claim. That waiver of subrogation thing is right scary.
 
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Good point and not a bad idea!! :thumb:

If your marina asks you to sign a new or revised agreement, at least forward it to you insurance company for their review.
 
OK, Angy G. I have just retained ace defense attorney Bobby Lee Cook. We are ready for trial. Here's what the American Bar Association magazine has to say about him.

By the way he is the owner of a beautiful Huckins yacht.

Bobby Lee Cook

It will be a hell of a trial.
 
BoatUS Magazine: Liability, A Marina Hot Potato?

It seems like you should at least know what you're waiving before there is an actual loss. There might be some specific contractual language that may attempt to shift responsibility for a claim. That waiver of subrogation thing is right scary.

I went back and looked at mine... Guess I'm screwed for now:

8. It is agreed that “NEW BERN GRAND MARINA” shall not be held liable in any manner for the safe keeping or condition of “LESSEE’S” boat, and will not be responsible or liable therefore as warehouseman, liveryman or bailey and it will not be responsible or liable for any damage to the boat or loss of the boat’s tackle, gear, equipment or property within the said boat while it is in this MARINA. Further, “LESSEE” shall be liable for any damages to “NEW BERN GRAND MARINAS’” docks, piers or other facilities caused by “LESSEE’S” lack of care or negligence.
 
"Subrogation" (here at least) means the acquisition by your insurer of rights you have to recover from a third party, usually using your name, after satisfying your claim.
The clause in Tom.B`s Agreement with his Marina purports to remove his rights against the Marina, if it holds good there are no rights for the insurer to acquire.
Insurers won`t cover assumed contractual liability unless you were liable anyway. They could be seriously upset if you effectively waive their recovery rights.
I don`t know US law, so these comments are general, but it might be an idea to send your insurer a copy of the Marina Agreement "for their records". They probably won`t read it, and should not be able to complain of "non disclosure" of the Marina agreement.
There just seems to me to be something intrinsically wrong in someone (the Marina) with no interest in your boat going on the Policy. If you lodged a claim on the policy, could they withdraw it? How do you resolve disagreements between policy holders?
 
OK, Angy G. I have just retained ace defense attorney Bobby Lee Cook. We are ready for trial. Here's what the American Bar Association magazine has to say about him.

By the way he is the owner of a beautiful Huckins yacht.

Bobby Lee Cook

It will be a hell of a trial.

You know Bobby Lee Cook? What model Huckens? If I ever need a Rhino such as him - He is the one!! :thumb:
 
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My lawyer, Bobby Lee, is planning the classic Southern defense. "He needed killin', and my client was just the man for the job". In the South that works every time.:D
 
I went back and looked at mine... Guess I'm screwed for now:

8. It is agreed that “NEW BERN GRAND MARINA” shall not be held liable in any manner for the safe keeping or condition of “LESSEE’S” boat, and will not be responsible or liable therefore as warehouseman, liveryman or bailey and it will not be responsible or liable for any damage to the boat or loss of the boat’s tackle, gear, equipment or property within the said boat while it is in this MARINA. Further, “LESSEE” shall be liable for any damages to “NEW BERN GRAND MARINAS’” docks, piers or other facilities caused by “LESSEE’S” lack of care or negligence.


I wonder if that would really hold up in court ALL the time.

If a marina is made aware of a potential problem with their personel, equipment or property and does nothing to fix it...I would find it unlikely that they weren't liable.

My old timer business law professor often said..."if the other guys lawyer doesn't explain it to you in great detail" and you can profess to have signed it without clear understanding of what it meant...then it might as well be in the toilet paper thread....:thumb:
 
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