Any maritime law experts want to opine?

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R

Robin

Now that my boat was killed by Hurricane Katrina's 23 foot tidal surge in 11 minutes in my marina, I have a new and final project concerning my beloved boat. Disposal. The New Orleans Levee Board (owners of the marina and partially responsible for the destruction of New Orleans) issued a non competing salvage contract (a very shady brother-in-law arrangement) to remove boats from my marina. Any other salvage companies who want to operate on marina property have to jump through so many hoops that I cant even get any to consider it. Meanwhile the salvage company operating in the marina has gouged people with costs such as $9,000 to lift a friend's dry 30 foot vessel, move it 200 yards and put it on stands- about 300 times the normal fee. Boats in my marina are actually sinking because the owner can not afford to pay these blood suckers. If you are like myself and have boat insurance through Statefarm, you get a maximum of 5% of your policy value for wreck removal, in my case $1,750. However, the salvage company mistakenly pulled my sunken vessel from its slip and set it on land, mistaking it for another vessel which they had contracted to haul. It is not on stands, but is laid over on its hull in the parking lot and was subsequently looted within the 24 hours between being hauled from the water and my initial arrival. They had no permission from either my insurance company or myself to touch the vessel. The boat was in no immediate distress (the distress occurred 2 months prior), wasnt endangering the property of others, and the bill will likely substantially dwarf the salvage value of the vessel. I suspect they pulled it hoping to sell the freshly painted mast which was protruding defiantly from the depths. God bless the B and R rig! Legally, what obligations do I have to pay for these charges which are sure to be substantial? The company will not give me an estimate over the phone, they demand that I come down to their office to "talk." Does the circumstances involving their salvage operation of my vessel mean that they assume salvage rights or ownership of the vessel (in this case likely the best scenario)? Finding a maritime attorney in New Orleans is very difficult given the current conditions here. I am not trying to skip out on paying a fair bill, but I want to know the legalities involved prior to marching down to the office and signing my life away. To add insult to injury the Levee Board has announced that any vessel in its slip will incur normal slip fees beginning Dec. 1, BUT any vessel on marina property outside of its normal slip will incur transient dockage rates at $0.75/foot per day- arguably a move to drum up more salvage business for the brother-in-laws company. Any one have any suggestions or comments? I have thoroughly enjoyed this website and am going to have to buy another hunter just so I still feel at home on Hunterowners.com. Thanks for the many years of entertainment and great information!
 
Dec 25, 2000
6,051
Hunter Passage 42 Shelter Bay, WA
Robin, I'm not a maritime law expert...

The marinas in our area require that you sign a lease Agreement for your assigned boat slip. It spells out both parties' obligations. If it were my boat I would start there and then decide a course of action. The Agreement becomes the basis for legal action on either parties' part. Terry
 
J

Jim Logan

Robin: Reality was on Pier 3 at South Shore

Robin: Reality, my 33' Hunter, was on Pier 3 at South Shore. I saw your boat after they pulled it out. In my case, I called my insurance company, USAA, and talked to several people there. Net result of my and several others efforts was a lawsuit against the salvage company that was restricting access to the boats. It seems several of the insurance companies got together and the salvor started acting in a more reasonable manner. In my case, since Reality was totaled, I got all of my salvagable equipment off the boat and signed ownership over to USAA, who removed the boat from the parking lot where it had come to rest. End of story from my perspective, but I don't know what the insurance company agreed to with the salvage company My advice is let your insurance company handle the problem, they are the big guys and there is a history of legal action you can use against the salvage company you are talking about. By the way, the first time I went to the boat, about 2 weeks after the storm, some of the salvage companies "representatives" confronted me and wanted to know what I was doing to my boat, since they were responsible for it. I told them I was still master of the vessel, that it was in a recoverable situation, and they did not have my permission to move it. The lawsuit followed this, but I think the key was the insurance companies getting involved and letting them do the negotiation.
 
Jun 2, 2004
3,648
Hunter 23.5 Fort Walton Yacht Club, Florida
One More Reason to Anchor a Boat Out for a Storm

The slip has got to be the worst place for a boat to ride out a storm. How did boats do that were anchored out for Katrina? It seemed that for Ivan the ones that were anchored properly and not draged down by others did better around here.
 
Jun 15, 2004
78
- - Edmond, OK
That's what insurance is for

"In my case, I called my insurance company, USAA, and talked to several people there. Net result of my and several others efforts was a lawsuit against the salvage company that was restricting access to the boats. " Pretty typical of USAA. Akin to a lioness: Extremely helpful and protective of her cubs (policy owners), but God help anyone who causes her cubs grief. The premiums across the board (car, boat, home) might be a bit more than the lowest bid, but peace of mind is worth something. When disaster strikes, I know my insurance company is not going to be an additional problem. Hope it all works out for you. Mike
 
R

Robin

Hey Jim

Looks like your boat faired pretty well compared to mine? Did it break free and wash up somewhere or did they pluck it from the water? I notice they stole your wheel, seems like the first thing to go on boats there. You didnt happen to see a couple of wooden sea kayaks lying around the yacht club did you? I built them several years ago and put them in the yacht club prior to the storm thinking they may have a better chance of survival. A few people said they saw them post storm, but I guess they were stolen sometime thereafter. Statefarm likes to dump the vessel on the owner if the salvage value isnt profitable and once that happens they wash their hands of you. It is legitimate according to the policy, but isn't spelled out in the best of language. Shame on me for not paying more attention to this but I had several friends in Florida who were screwed by nearly every marine insurance company. I never considered USAA but I guess I will in the future. I have tried calling Statefarm regarding the legal action taken by some insurance companies (I had heard of this from friends) but they were clueless. Do you have any idea who I could contact about it? Thanks!
 
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