Insurance company will not pay

Oct 2, 2014
46
Benneteau Oceanis 361 from 2001 Gruissan, France
As you may remember my mast on my 361 from 2001 broke in a nice 20 knt wind. It happened in France where the boat in insured. The company had the boat examined by an expert, who found, that it was a well maintained boat, but the riggen had not been changed after 10 years which is normal procedure.

So they will not pay, which I find very unfair. At a minimum they should pay all dogging and wages and some percentage of the price for mast, rigging and sails.

In Benneteau´s manual they do not state, that it is a part of normal maintenance to change the rigging after 10 years (could have been an attachment to the mast, so do they find, that you also have to change that each 10 years?).

Bringing the case to court is tedious and expensive, so we will try to state our opinions to the insurance company and inform them, that we will bring the case to the consumer insurance complaint organisation.

If you have any good ideas or experiences, then I would be happy for some input. Thanks. Claus.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
Claus,

It is not a Beneteau issue but an insurance one. I know of many companies that mandate that standing rigging be replaced or professionally inspected every ten years to keep an offshore policy in effect.

In any case this should be spelled out in your policy... I would have assumed that the company would have quoted the relevant section when denying your claim? If they did not ask them to. While this condition is common it would have to be spelled out specifically in your policy. If they cannot, you have a potential case.
 
Last edited:
Feb 6, 1998
11,709
Canadian Sailcraft 36T Casco Bay, ME
It is very well known in the industry that a 10 year replacement cycle on standing rigging is the generally accepted recommendation. Many US and European insurance companies want replacement at 10 years & some may accept a full rig survey. Your standing rigging is a maintenance item thus I don't think you will have a good case especially without a documented recent rig inspection to at least show you were "attempting" to keep on top of maintenance.

I was on a boat back in the 80's, an Ericson, when we lost a rig. It was a used boat and this was the delivery trip. We lost the spar & sails as it needed to be cut away so as not to hole the boat. The new owner had just paid for a full survey including a separate rig & diesel engine inspection. Because of that, and because the separate rig survey said the rig was fine, the insurance company paid off including painting the entire hull due to the mast and rigging banging and destroying it before it could be cut away.. The rig inspection/survey was the best $400.00 that owner had ever spent and he almost did not.

Having been on a boat that lost its spar my standing rigging is replaced every ten years or sooner, period....
 
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Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
I can almost hear the groans from readers saying, "really, every ten years?" Yes, every ten years. A hacksaw, a hope, and a prayer is not a good alternative.
 
Jul 27, 2011
5,134
Bavaria 38E Alamitos Bay
As you may remember my mast on my 361 from 2001 broke in a nice 20 knt wind. It happened in France where the boat in insured. The company had the boat examined by an expert, who found, that it was a well maintained boat, but the riggen had not been changed after 10 years which is normal procedure.

So they will not pay, which I find very unfair. At a minimum they should pay all dogging and wages and some percentage of the price for mast, rigging and sails.

In Benneteau´s manual they do not state, that it is a part of normal maintenance to change the rigging after 10 years (could have been an attachment to the mast, so do they find, that you also have to change that each 10 years?).

Bringing the case to court is tedious and expensive, so we will try to state our opinions to the insurance company and inform them, that we will bring the case to the consumer insurance complaint organisation.

If you have any good ideas or experiences, then I would be happy for some input. Thanks. Claus.
You might find the article at the link below interesting; from theLog, a publication of southern California's boating news, dated December, 2014.

http://www.thelog.com/AskAMaritimeA...-for-marine-insurance-coverage-#sectional=Ask a Maritime Attorney
 
Oct 2, 2014
46
Benneteau Oceanis 361 from 2001 Gruissan, France
Thanks guys for your input, I hope I will manage to get some coverage.

Jackdaw: The reason for being cavalier was, that we only out a few miles in the 35 knot, and then returned to the lee of the island, which had been my plan from the start. We just wanted to see how she managed in strong wind and sea.
 
Nov 8, 2010
11,386
Beneteau First 36.7 & 260 Minneapolis MN & Bayfield WI
Thanks guys for your input, I hope I will manage to get some coverage.

Jackdaw: The reason for being cavalier was, that we only out a few miles in the 35 knot, and then returned to the lee of the island, which had been my plan from the start. We just wanted to see how she managed in strong wind and sea.
Claus,

No I get that, and I didn't want to sound harsh. Its easy to opine about an event ex post facto. I hope it gets sorted out to your satisfaction.
 
Oct 29, 2006
388
Beneteau 381 Olympia, WA
Not to beat a horse but my rigger said ours looked fine 3 years ago (rig was then 13 years) and said that in the Pacific Northwest rigs last longer due to lots of rain and easy cruising conditions. Not sure either is what I prefer as a sailor for but it makes the rig last longer I suppose.

Mad respect for Gunni and Main Sail but I think replacing standing rigging every 10 years is too frequent for our rig based on use, environment and rig inspections. (knock on my stainless laptop locking cable)
 

Gunni

.
Mar 16, 2010
5,937
Beneteau 411 Oceanis Annapolis
Beneteau generally specs very stout, overbuilt rigs and you most likely can go many years without a failure. My neighbor has a Hans Christian with a 30 year old rig. But he has no idea what his previous owner did with the rig. The rub is loss of a rig can be a terrible experience and real sinking scenario. Get a section of wire or rod equivalent to your rigging and try to cut it. Do this while riding in the bed of a truck going down a dirt road at 50 mph. In the dark. Set a timer, give yourself 20 minutes to make 4 cuts.
 
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Feb 6, 1998
11,709
Canadian Sailcraft 36T Casco Bay, ME
Not to beat a horse but my rigger said ours looked fine 3 years ago (rig was then 13 years) and said that in the Pacific Northwest rigs last longer due to lots of rain and easy cruising conditions. Not sure either is what I prefer as a sailor for but it makes the rig last longer I suppose.

Mad respect for Gunni and Main Sail but I think replacing standing rigging every 10 years is too frequent for our rig based on use, environment and rig inspections. (knock on my stainless laptop locking cable)
Be 100% sure to get that rig inspection documented in WRITING and stating the rig is safe and needs no maintenance in order for safe operation.....
 
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