Insurance Question Named Storm Deductible

[Sailm8]

This is the situation. I think I was struck by lighting but I don't know when. We last successfully used the boat labor day weekend and all systems were go. When we got home we began preping the boat for Irma and evacuated the Thursday before the storm. When we returned on 9/18 it appeared there was minor damage to the rub rail and we replaced the canvas etc. and went out for a 6 day shake down sail. This was on 10/13 through 10/18. We discovered the instruments were not working nor was the anchor light, and the batteries are not holding a charge. In other words electrical problems.

I called my insurance company and filed a claim and they said that the deductible will be increased due to the named storm clause. Between 9/7 and 10/13 there were many subsequent thunderstorms that could just as well caused the damage. Anyone have any experience on dealing with this situation?

 

[Don S/V ILLusion]

Never had that issue, however, it's curious how the insurance company 'knows' when the damage occurred. Is your policy written such that it's so vague as to allow such an assumption?

 

[Rick D]

Ask for an arbitration of coverage applicability after you clearly state your position in writing. At least, that is what I would do. Your situation is simply one adjuster's interpretation.

 

[JamesG161]

Quick answer, for our policy....
1) You cannot get new/additional insurance if there is a "Named Storm" anywhere.
2) My insurance must prove that the "named storm" caused the damage.

Here is what I know from Katrina aftermath, which caused the "Named Storm" insurance scam... err I mean... excuse.

When YOU claim on insurance, you become the "Plaintiff" in court.

When they deny a claim, the insurance company becomes the "Plaintiff" in court.
So...

A Plaintiff must prove their cause of their case against the Defendant.

My guess is they can't prove what happened. I would suggest they send an investigator to see you boat. I would also suggest reading the fine print of your policy.
_____
If you see no other signs of a direct or side strike on you boat. i.e.. something melted/charred,

It could have been a shore power problem or a Land strike near the marina grounding rod.

Jim...

 

[Sailm8]

These are all great responses. Thank you all. The adjuster is coming next Monday so I feel I have some argueing ammunition. Thanks again and I will advise of the outcome.

 

[Don S/V ILLusion]

2) My insurance must prove that the "named storm" caused the damage.

What language in your policy leads you to that perception?

 

[JamesG161]

What language in your policy leads you to that perception

How about FACT , here in Mississippi!

Well it may be just Mississippi insurance code/law. My lawyer called it code article 11. Which says what I said, plus if the Insurance Companies DON'T act in good faith, you can sue for treble damages.

Put it this way...
One of my Katrina claims started with ZERO and after 2 years they paid $190k [full policy].
Why?
They had "to prove" the claim was caused by flood, not wind.

This is still true today, here. I am not sure about Florida law.
Jim...

PS: As always, just trying to offer "food for thought".

 

[Don S/V ILLusion]

How about FACT , here in Mississippi!

Well it may be just Mississippi insurance code/law. My lawyer called it code article 11. Which says what I said, plus if the Insurance Companies DON'T act in good faith, you can sue for treble damages.

Put it this way...
One of my Katrina claims started with ZERO and after 2 years they paid $190k [full policy].
Why?
They had "to prove" the claim was caused by flood, not wind.

This is still true today, here. I am not sure about Florida law.
Jim...

PS: As always, just trying to offer "food for thought".

That's interesting. I couldn't find any relevant citation but regardless, I doubt Mississippi insurance statutes help Sailm8 in Punta Gorda much.

 

[lillia28]

I'm not a lawyer, don't play one on TV and didn't stay at Holiday Inn last night, but I suspect that since you reported the damage right after a named storm, the assumption will be that the named storm caused the damaged. If the damage was caused before the named storm, you would have reported it before the named storm right? I realize you didn't use the boat, etc. I am not a meterorologist either, but are Hurricanes Known for lightning? I don't think so. It may be possible to find out when the GPS stopped working, if it has a memory. I'm not a computer geek either, so I don't know how feasible that is. See if you can find records of lightning strikes in the area.
From a google search:
Normally hurricanes do not have lightning and thunder because lightning and thunder are formed by vertical winds that cause water and ice to rub together. This friction creates the electrical field that causes lightning and thunder. ... Most hurricanewinds are horizontal.
Do Hurricanes have Lightning and Thunder?
www.lightningsfety.com/nlsi_info/thunder.html

 

[Kermit]

I had a claim with BoatUS. I did *everything* wrong during the repair and claim process. (Notice the order I wrote repair and claim.) In spite of that, they paid my claim minus the deductible. I know my situation and yours are vastly different. I’m just saying it’s possible to get a favorable outcome when all seems lost. Good luck and let us know how it all turns out for you.