Mark,
but the case of the damage was the broken tiller, so you are not liable, the manufacturer of the tiller bar is liable as the tiller bar was not fit-for-purpose.
The problem is proving it, and if you do we will all made to use solid stainless tiller bars as thet won't break!
The part was not defective, it just broke. Standard I-20 Tiller Crossbar, I had assembled it the day before it was fine and serviceable. We put all kinds of stresses on our equipment, and even with inspection, sometimes the stressors of the day's sailing will break even a new part. Boats are getting lighter and lighter, At some point we sacrifice longevity.
I still disagree with my Insurance company, will always do so, Nothing will change my mind. Had I just hit Mark Broadside, they would have paid off the claim. Sudden gust ovepowered my boat, could be an act of God but if that's the case then every windshift is, and they'll never pay up. They should not take money for coverage they are not going to provide. If it's not criminal it ought to be, taking money with no intent to provide service seems fraudulent to me.
[color:"red"] BOO HISS!, STATE FARM!! [/color]
When I've chased enough busness away to a provider that might provide coverage, I'll still be out $300 and they will will have defaulted on their committment.
