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.

The purpose of the rules is to provide a method of identifying a winner when a rule is broken (and this may result in a collision). The International rules for the prevention of collisions at sea are there to prevent colissions.

This is why the insurance company may take into consideration what the PC say. The PC find out what they believe happened, what the results were and which rule(s) we broken, thus they provide a ruling on how the sailing rules apply.

Interesting one re this:



So what if the owner is not present(or the owner of the insurance policy), can he or she be held responsible for actions they have little control over (except by appointing the skipper).


As for how the cover is written, I would think that it would be written under the racing rules and administered under the IRPCAS.

I have also never known an insurance company in the UK not pay based on a gear failure causing the accident.

Basically a company not paying (based on true statements from the policy holder) would be such a No-no in our insurance market. Afterall Lloyds have been underwriting for a few years now!

I have only seen loosers after collisions..

No doubt.

US Sailing carefully walks a line in their race prescriptions when it comes to liability and insurance...rightfully so. If they leave the door open to where they admit to being a party to determining "at fault" then they suddenly become part of the equation and any potential litigation. So their stance that they only determine the outcome of the racing serves them well in this regard. In the one relatively significant instance I had, the insurance company took the findings of the protest committee and consulted a maritime attourney and came to a conclusion.

This is the second instance where I've heard that State Farm pulled the "equipment failure" or "poor design" thing. Why did the tiller bar break? Was it established that there was a high rate of tiller bars breaking therefore they determined that it was a manufacturing problem? No...this is a first line of defense and is intended to get you to turn away. You'll have to go through legal motions to get them to pay up (and for $300 it's certainly not going to be worth it). This is why I didn't choose State Farm even though they offered comparable rates for my boats because I heard of another such instance on a larger scale (daggerboard ripping through hull). When I had my incident and it suddenly looked like there was going to be a fight, I approached my home owner's insurance about filing a claim to repair/replace my boat...They told me that this would be a bad idea because too many claims on my home owner's insurance would result in me being dropped! I've been paying State Farm for 15 years with one minor auto claim that entire time. That response really dissapointed me. Who is paying who here? They act like THEY are the customer and that I should feel privaledged that they will take my money.

Jake:
So who did you end up with for Insurance and WHY?
Still think if we all banded together and used the same company, it would be a no brainer they'd have to pay regardless.
CARY

It's Progressive Insurance...However, I've never made a claim with them so I can't really speak for how they might react. Their customer service has been outstanding with regard to setting up the account and taking my money!

I agree with you about the relationship of the PC with the insurance company with resect to the issue of liablity. The insurance company and the legal system will determine liability. So a court could decide that you are 60% liabile for the accident and will enforce that judgement. If you don't pay (or your insurance company won't pay) they can take further legal action through the civil courts.

The critical part that puts your pocketbook at risk (If you want to continue sailboat racing) is part C in which you agree to be responsibile for the damage solely on the basis of fault as determined by the racing rules and the PC and you expressly agree to NOT be bound by the legal system, insurance company etc.

So you agree to be responsible...and so you pay up.... not because you are legally liable... but rather because you agree to this rule. The civil court does not enforce anything here.. rather you agreed to pay up whatever your insurance company won't pay when you registered for the regatta.

For example, a windward leeward crash in which the racing rules clearly award the leeward boat right of way and that is the PC judgement. The damages for both boat are equal at 5000 for each. However, the insurance companies decide that it's a 60 to 40% split of responsibility eg the 40% of the liability is to the leeward boat who according to the racing rules is not at fault

What happens now?
Does this mean windward will pay the other guys Leeward's deductible of 500 because you windward were at fault under the racing rules and the insurance companies have sorted out how much each company will pay but you windward are 100% responsible since you lost the protest.

Does this mean that you pay the 40% of the damages out of pocket (4000) because you agreed to be responsible and leeward does not want to put the claim in on his insurance since he is 40% liable because "he was not at fault in the protest committee" and you agreed to be responsible for damages irregardless of the court/insurance liability judgment?

Hmmm?

I think that in the UK market (at least) the insurance companies sort it out them selves, there is (as far as I am aware) not a "clause C" in our racing regatta rules (you just sign to say you have 3rd party cover to the value of), but then we have what I believe is a watertight set of insurace clauses and so it is very unlikely that one of the insurance co's won't pay.

Sounds like you guys in the US have been victim of some sharp practices by the companies involved.

Our 3rd Party cover is for the damage to the other boat and also for injuries. In the 2 big shunts I've had (one my fault one not).... (admittedly both over 15 years ago)

When It was my fault the company just paid up as it was a windward leaward.

The other was a Port stbd and the other boat just weaved all over the place and made it impossible for me to avoid them.



There would be such an outcry and chaos at Lloyds if an insurnace company refused to pay that it would just not be worth it for the insurance co concerned.

IMO those involved have been "had".

Find a reputable insurance comany and use them.

Yep, State Arm Excels at that too. Just the getting any of it back that was a pain. Admittedly, when Our house flooded, they were quite good with paying me the $12000 in repairs.
Insurance is due in a couple months, that's why the interest. Switched in a hurry last time. Need to investigate before time's up with my BoatUS coverage.
Anyone had any claims with USSailing?