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karrakmc
#1 Posted : Thursday, December 30, 2010 8:12:51 AM(UTC)
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Went down to Driftaway today to reposition the bubbler. Looked over at another dock and here was a 45 ft Trojan half sunk. Went to office and told them and they said they knew and was not going to do anything about it. Seems the owner owes them two years of fees and two years ago to the day, this boat was sinking up at Catalina. Someone there broke in the boat and turned on the pumps and the owner sued him for breaking in. I went to look at it and the water was in the saloon, probably sitting on bottom. What a shame. Just wanted to pass this along. Bad Day. Mike on Ohio
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Docsnow
#2 Posted : Thursday, December 30, 2010 9:59:27 AM(UTC)
Docsnow

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Phew till I read this thread I thought Whistle maybe that Quake down Indiana way swallowed up a few BigMs glad that wasn’t the case.Pray Them Dar marina owners down in Ohio R some mean A$$’s but
now how does he contemplate Think recouping any of the funds due to him. Dah double Dah d'oh! d'oh! d'oh!

Norm,

Big BigMs Live On Dancing
http://www.picturetrail.com/gid23690601 Try it now there's music to listen to while U view the Big M's

http://www.PictureTrail..../index.php?clubID=20726 this one for the Pix club


 You'll have bad times, but they'll just wake you up to the good times you weren't paying attention to

Some people try to turn back their odometers.Not me, I want people to know "why" I look this way.I've traveled a long way and some of the roads weren't paved.
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collins69s
#3 Posted : Thursday, December 30, 2010 11:32:48 AM(UTC)
collins69s

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Maybe the owner, seeing as he owes money to the marina, "accidentally" turned off the bilge pump and now will be compensated by his insurance company. He pays the marina what he owes them and sells the boat. Ba da boom.
Sean
SIFF SURF
1972 32' FB Express
Twin 318s
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GB49
#4 Posted : Thursday, December 30, 2010 11:56:07 AM(UTC)
GB49

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If the owner collects insurance money he could pay the marina but will most likely also pay the EPA for spilled oil and fuel.
1986, 32' Sedan, twin 360ci, 275hp Chrysler's w/ K&N flame arrestors
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collins69s
#5 Posted : Thursday, December 30, 2010 12:43:27 PM(UTC)
collins69s

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I think most ins. co's pay a certain amount for spills too..
Sean
SIFF SURF
1972 32' FB Express
Twin 318s
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dougrose
#6 Posted : Friday, December 31, 2010 1:41:22 AM(UTC)
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If the guy can't pay a marina bill then he probably doesn't pay an insurance co. either.

A lot of folks seem to be "underwater" with their boats. When I bought my M, it was the smallest boat I could live in, not the largest boat I could afford. Lucky for me I did that, because the consulting business has gone offshore along with the rest of our economy....

I have never seen a marina contract that didn't permit the marina to go aboard to ensure safety and save property. They are just being jerks.


1975 32' Flybridge Sedan, twin Perkins 6-354 diesels, 1:1.53 velvetdrives, 16 X 19 props. Merritt Island, Florida
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Docsnow
#7 Posted : Friday, December 31, 2010 2:07:17 AM(UTC)
Docsnow

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As Doug, Stated about the marina not going aboard to protect the persons property or letting someone else go on board to remedy the problem without file criminal charges of such person I’d think they’d could be held liable for damages & if said owner could prove their negligence & had Ins. I’d think the Ins.Co. would bring charges against marina. The owner may file charges even if said person didn’t have Ins. Think
Hey Peter what your opinion on this one U R a lawyer. Whistle

Norm,

Big BigMs Live On Dancing
http://www.picturetrail.com/gid23690601 Try it now there's music to listen to while U view the Big M's

http://www.PictureTrail..../index.php?clubID=20726 this one for the Pix club


 You'll have bad times, but they'll just wake you up to the good times you weren't paying attention to

Some people try to turn back their odometers.Not me, I want people to know "why" I look this way.I've traveled a long way and some of the roads weren't paved.
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pfhlaw
#8 Posted : Friday, December 31, 2010 5:26:27 AM(UTC)
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My legal opinion is that the guy is an a$$hole.


When a claim is filed, insurance companies are required to conduct a due dilligence investigation of the occurance and then either pay the insured an amount determined by the terms of the insurance contract, or deny the claim if a coverage exclusion applies. I used the term "insurance contract" because that is how the law views insurance policies. They are a contract between the insurance company and the policy owner. Each party has to honor his duties under the contract.
If the investigation uncovers any evidence that the boat owner intentionally caused, or even allowed his boat to sink, they will deny coverage. If they find that he was only guilty of "ordinary negligence" they would have to cover the loss.

I doubt the marina has any legal obligation to save your boat from slowly sinking at the slip. But if it can be proven that the marina worker was the sole cause of the occurance, then the insurance company might be able to recover some or all of the money from the marina's liability carrier. I say "might" because admiralty law protects those who attempt to save lives and boats. Most marinas require proof of liability insurance which would cover damages to other boats and the marina caused by your actions or inactions.
Peter
1981 32' sedan bridge
twin Chrysler 360 cu. in. 250 hp engines
Raw water cooled
Nimbus II
Home port: New Buffalo, MI
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collins69s
#9 Posted : Friday, December 31, 2010 5:44:17 AM(UTC)
collins69s

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I would think that the marina ownership wouldn't want to let a boat sink at the slip either.. If someone comes in looking to dock there, I would not think that that is a harbinger of good will to prospective customers..
Sean
SIFF SURF
1972 32' FB Express
Twin 318s
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Docsnow
#10 Posted : Friday, December 31, 2010 6:09:10 AM(UTC)
Docsnow

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So it's a agreed upon fact that the owner of that marina's is "A A$$ HOLE" Dancing
Well heres to U Mirina owner a one FINGER salute Whistle

Norm,

Big BigMs Live On Applause
http://www.picturetrail.com/gid23690601 Try it now there's music to listen to while U view the Big M's

http://www.PictureTrail..../index.php?clubID=20726 this one for the Pix club


 You'll have bad times, but they'll just wake you up to the good times you weren't paying attention to

Some people try to turn back their odometers.Not me, I want people to know "why" I look this way.I've traveled a long way and some of the roads weren't paved.
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BCassedy
#11 Posted : Friday, December 31, 2010 8:47:50 AM(UTC)
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Marina operator = brick short of a full load!

If the Coast Guard would get wind of the marina operator knowingly allowing a boat to sink and thus foul the water with leaking gas and oil, I'd think they'd come down on them/him/her like a ton of bricks. Most of us don't take our boats home with us, and many leave them at the Marina. I'm sure that there's been a winter storage fee paid to the marina and it'd be difficult for a Marina operator to wheedle out of responsibility for normal observations of his operation. Not spotting a boat that's slowly sinking would be stupid and reckless.

Bill
Bill & Sharon Cassedy
" Sunset Seeker "
1988 32' Fly Bridge
Twin 318 Cu In / 240HP Chrysler power plants
Raw water cooling
Freshwater boat
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karrakmc
#12 Posted : Friday, December 31, 2010 9:22:49 AM(UTC)
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When I posted this, I mentioned that the owner of the boat has not paid any slip fees in two years, and has not responded to numerous attempts at contacting him. I agree that it looks horrible having a boat sink at the slip. Thank God it is not mine. The Marina did say that if it is a paying customer, they will try to save it. Also the owner did sue someone who did save his boat two years ago. Bad JUJU
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