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Old 11-08-2017, 02:39 PM   #1
Gatto Nero
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Default Dock insurance claim denied

I'm interested in some opinions with regard to home insurance covering dock damage from the storm. My boat was still in the water during this past storm. We found that the lines had snapped and the boat must have bounced around like a pinball inside the U Shaped dock for hours before it finally drifted free. My insurance company is denying the claim on the dock because they say the damage was due to wave action, which apparently is not covered. The damage to the dock was caused by the boat repeatedly smashing in to it, not the waves. Did the waves cause the boat to smash into the dock? Along with the wind they certainly did but it is pretty obvious from looking at both the dock and the boat that it was the boat hitting the dock that caused the damage, not the waves themselves. Is this just wishful thinking on my part or is this something that I should be able to appeal and win?
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Old 11-08-2017, 09:25 PM   #2
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Originally Posted by Gatto Nero View Post
I'm interested in some opinions with regard to home insurance covering dock damage from the storm. My boat was still in the water during this past storm. We found that the lines had snapped and the boat must have bounced around like a pinball inside the U Shaped dock for hours before it finally drifted free. My insurance company is denying the claim on the dock because they say the damage was due to wave action, which apparently is not covered. The damage to the dock was caused by the boat repeatedly smashing in to it, not the waves. Did the waves cause the boat to smash into the dock? Along with the wind they certainly did but it is pretty obvious from looking at both the dock and the boat that it was the boat hitting the dock that caused the damage, not the waves themselves. Is this just wishful thinking on my part or is this something that I should be able to appeal and win?


How about your boat insurance covering damage to property?
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Old 11-08-2017, 09:46 PM   #3
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How about your boat insurance covering damage to property?
Unfortunately, property damage part of liability is damage to the property of others, not your own.

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Old 11-09-2017, 02:27 AM   #4
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Lightbulb Bad, Bad, Boat!

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Originally Posted by Gatto Nero View Post
I'm interested in some opinions with regard to home insurance covering dock damage from the storm. My boat was still in the water during this past storm. We found that the lines had snapped and the boat must have bounced around like a pinball inside the U Shaped dock for hours before it finally drifted free. My insurance company is denying the claim on the dock because they say the damage was due to wave action, which apparently is not covered. The damage to the dock was caused by the boat repeatedly smashing in to it, not the waves. Did the waves cause the boat to smash into the dock? Along with the wind they certainly did but it is pretty obvious from looking at both the dock and the boat that it was the boat hitting the dock that caused the damage, not the waves themselves. Is this just wishful thinking on my part or is this something that I should be able to appeal and win?
Although I've never had occasion to use one, it'd be worth a call to a "public adjuster" for insurance claims:

Quote:
A public adjuster is a professional claims handler claims adjuster who advocates for the policyholder in appraising and negotiating a claimant's insurance claim.[1] Aside from attorneys and the broker of record, public adjusters licensed by state departments of insurance are the only type of claims adjuster that can legally represent the rights of an insured during an insurance claim process. A public adjuster will be most beneficial when it is clear that the insurer will pay the claim and the only issue is the proper identification and valuation of the loss. Most public adjusters charge a percentage of the settlement. Primarily they appraise the damage, prepare an estimate and other claim documentation, read the policy of insurance to determine coverages, and negotiate with the insurance company's claims handler.[2]
Wikipedia
Following Hurricane Andrew, many insurance companies would settle readily with such adjusters. Fees are a percentage of recovery above what insurance has offered.

Damage to Florida docks and boathouses following Hurricane Irma has policy holders wondering why they bought insurance over decades.

But remember, this is The Age of Social Media!

Good luck...

.
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Old 11-09-2017, 07:45 AM   #5
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Default Dock Damage

My Insurance Policy specifically states no coverage for damage to docks caused by ice. After paying a substantial premium for the policy, I assumed the dock would be covered.

My question, at the time, what is covered? I need to check again, but my agent told me that would be the only exclusion.

I had very good luck using an insurance adjuster in the past for water damage to the interior of my house. They use professionals, prepare a damage report, and cost for clean up, repair, and other expenses incurred. They usually have a working relationship with the insurance companies.

In your case, the insurance company declined the claim, I would consult an attorney familiar with real estate transactions for waterfront properties. Unless the policy outright declines coverage for your dock, ask what is covered.

I believe the insurance company will not want to defend their absurd position in court, and prefer to settle.

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Old 11-09-2017, 08:54 AM   #6
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Default wind and cold

Due tomorrow. According to my wind chill calculator, could have chills below 10 degrees. Wintah is heah!
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Old 11-09-2017, 09:22 AM   #7
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A public adjuster will be most beneficial when it is clear that the insurer will pay the claim and the only issue is the proper identification and valuation of the loss.
.
Unfortunately, that is not the case here. They did not put a value to the loss, they outright denied it because of the peril that damaged the dock, which they say was waves. And I don't think its a case of whether or not particular peril is covered or not. For the moment I'm going to assume that waves are not covered (still waiting for their version of the coverage language). It really revolves around which peril caused the loss. Was it, in fact, waves or was it the boat? I can say with certainty that if the boat wasn't there I would not have had the damage that I do. Here are some pics of both the dock and boat damage. https://www.icloud.com/sharedalbum/#B17GfnH8tGEVx1S
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Old 11-09-2017, 01:44 PM   #8
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Unfortunately, that is not the case here. They did not put a value to the loss, they outright denied it because of the peril that damaged the dock, which they say was waves. And I don't think its a case of whether or not particular peril is covered or not. For the moment I'm going to assume that waves are not covered (still waiting for their version of the coverage language). It really revolves around which peril caused the loss. Was it, in fact, waves or was it the boat? I can say with certainty that if the boat wasn't there I would not have had the damage that I do. Here are some pics of both the dock and boat damage. https://www.icloud.com/sharedalbum/#B17GfnH8tGEVx1S
Is that really a cleat broken-in-half in those pictures?
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Old 11-09-2017, 04:44 PM   #9
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Is that really a cleat broken-in-half in those pictures?
It is. Must have been some wave, huh?
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Old 11-10-2017, 02:36 AM   #10
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Is that really a cleat broken-in-half in those pictures?
Look'n at the broken galvanized steel cleat screwed to the wood dock with two screws, it has a thin center area with a weak, thin design where it broke in half .... was not very strong?
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Old 11-10-2017, 08:26 AM   #11
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Look'n at the broken galvanized steel cleat screwed to the wood dock with two screws, it has a thin center area with a weak, thin design where it broke in half .... was not very strong?
The cleat looks like cast aluminum rather than galvanized steel.
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Old 11-10-2017, 08:56 AM   #12
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'The Case of the Weak Cleat' from an episode of the old Perry Mason tv show comes to my imaginary mind here.

Yes, thank-you very much, Mr Rusty, for your expert testimony.
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Old 11-10-2017, 12:45 PM   #13
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Default Denial letter

The denial letter from your insurance should refer to specific language in the policy. Often, "Coverage"is listed in one area and some paragraphs later "Exclusions", so you have to read both. In any event before you hire an attorney, or public adjuster you can get input from the NH Insurance Commission. Send them your denial and a copy of your (entire) policy. "It's free. The government pays for it."
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Old 11-10-2017, 03:21 PM   #14
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Default Sunny Side Down

The seasonal 4'x40' wood dock mentioned in Item #39 above was turned bottom side up by the large waves in last week's storm. Today, in southern NH, we lost power for three hours. In an e-mail, Eversource said that the outage involved about 150 customers. 🐻
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Old 11-10-2017, 03:46 AM   #15
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Cool Still Worth a Call...

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Originally Posted by Gatto Nero View Post
Unfortunately, that is not the case here. They did not put a value to the loss, they outright denied it because of the peril that damaged the dock, which they say was waves. And I don't think its a case of whether or not particular peril is covered or not. For the moment I'm going to assume that waves are not covered (still waiting for their version of the coverage language). It really revolves around which peril caused the loss. Was it, in fact, waves or was it the boat? I can say with certainty that if the boat wasn't there I would not have had the damage that I do. Here are some pics of both the dock and boat damage. https://www.icloud.com/sharedalbum/#B17GfnH8tGEVx1S
Granted, insurance would make your dock entirely "whole" again; however, structural damage seems to be limited, and the cosmetic damage can be cheaply homeowner-restored. (Then take pictures of your repairs, and wait for "Ice-Out").

Some of those missing panels are likely on shore nearby—and maybe that engine cover can be found in shallow water not far away; that is, if it wasn't found inside the boat.

If my dock was covered by insurance—which it isn't—I wouldn't have made a claim; indeed, I'd expect to pay "hiked" premiums for that damage over-and-over again in subsequent years.

Windstorm insurance coverage along SE Florida coastlines can run $15,000 a year!

Restoring long mooring lines can be costly. Would they be covered under your boat's policy?

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