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During a major Pacific Storm that swept through California two weeks ago a houseboat broke its mooring and drifted down on the marina. The three sailboats on the very end of Dock A (two C25s and one San Juan 25) had their motors torn off. I have heard that the insurance companys involved are claiming that this was 'an act of God' and therefore not a covered event. I can't believe that someone isn't responsible, the folks who maintain the moorings, the houseboat owner?? Certainly we are all subject to risk and that is why we carry insurance, what's the story here? Any thoughts or experiences?
Ed Montague on 'Yahoo' 1978 #765 SK, Stnd, Dinette ~_/)~
Make sure of what you heard. I doubt the houseboat owner or the marina is responsible. Usually that requires neglegence, and that's pretty hard to do prove in a situation like this. That being said, I'd expect that the hull coverages for the three sail boats should cover the damage. If they didn't have their own insurance they are probably out of luck. Keep us posted...
Yes, an act of God. I suspect the story has gotten somewhat twisted and that the companies that are claiming they are out are the houseboat's and marina's. The individuals need to file on their own insurance. I once had a trampoline fly from my back yard through the 2nd story master bedroom wall of my neighbor's house. It left a gash about 5 ft long. Act of God, my insurance was out, their insurance paid.
It is impossible to predict or calculate the force(s) of a storm. Therefore a risk rating cannot be determined beforehand. So if one insures his own boat for all risk ... premium rates will reflect a number of factors; climate, where you sail and how you use your boat. Those all fit into a risk assesment matrix and can be rated. It still will not answer for a storm which can destroy dozens of boats. So if that happens, all bets are off, each owner is responsible for his own boat. If you choose not to have full coverage, you are betting against a major disaster.
I have to guess that what lifted Frank's trampoline into his neighbor's house was tornadic in nature. A few years ago a storm destroyed one of our docks at the yacht club (and the boats berthed there)... an all too common story in our part of the country. Exactly which boat could be held accountable for damages to another in a situation like that? It is irrelevant ...
To me the true value of insurance is the liability protection against the financial devastation which can occur in the event of serious injuries or death. Even the total loss of the boat pales in comparison with the amounts, both actual damages and/or legal costs, of many personal injury cases I hear about.
But with respect to the houseboat (very heavy and lots of wind profile), I wonder "how big" was the storm which caused the mooring to fail. In other words, was the wind and rain that much more extensive than what usually blows through here every few years or so? If not, shouldn't the mooring be designed and mantained to hold the houseboat during storms which one would normally expect this time of year? While I'm certainly no expert...just some thoughts.
I once hit a phone line pole that was knocked over in a storm. Los Banos is not that far from Don Pedro. Ma Bell told me it was an act of god too. I sure felt like taking god's chain saw to a bunch of poles the next day.
Notice: The advice given on this site is based upon individual or quoted experience, yours may differ. The Officers, Staff and members of this site only provide information based upon the concept that anyone utilizing this information does so at their own risk and holds harmless all contributors to this site.