1996 3200scr insurance claim - Maxum Boat Owners Club

jlawter · 10-01-2019, 11:07 AM

Question my insurance company denied my claim on my 3200scr because they said the water was coming from a corroded ac strainer gasket to the point the bilge pump couldn't keep up. Should i get a lawyer?

mmwjr · 10-01-2019, 12:25 PM

Insurance companies have many experience lawyers. Did you read your policy for clauses that give them this out?

How bad is the damage, i.e. cost of the claim?

jlawter · 10-01-2019, 12:34 PM

Yes sir but without a refloat I find it hard to believe that's where the water came from to be perfectly honest we were out on the water all day Saturday and everything was fine even the Marina manager was on our dock the day prior working on the slip next to mine and said our vessel was fine. But the insurance policy says if they determine a part failure to do maintenance its the insurer responsibility to keep up with that and why my claim was denied.

shrew · 10-01-2019, 02:20 PM

Quote:

Originally Posted by jlawter

... without a refloat I find it hard to believe that's where the water came from to be perfectly honest ...

It was determined that the gasket on the sea-strainer had age-related degradation allowing enough water to overwhelm the bilge pump?

Was there shore power connected and a battery charger running? Or did the bilge pump run down the battery?

Who determined the cause the leak?

How was the root cause determined?

Was the boat re-floated? Was it re-floated prior to inspection?

jparsons121 · 10-01-2019, 02:36 PM

Adjusters are paid to find root causes and (in my experience) look hard for causes that are excluded in the policy fine print.
Understanding your policy exclusions will be as important as knowing the root cause.
My policy would cover the damage due to sinking, however the actual gasket wouldn't be covered. Not knowing which gasket failed, I can only provide guidance that if the item didn't have a maintenance schedule that called for you to replace it, it would not be denied due to lack of maintenance or normal wear.

As Shrew asked, get documentation on how the root cause was determined.

Glenn111 · 10-01-2019, 02:59 PM

BTW, you are entitled to the full and complete adjuster's report. You can then see exactly what the issues are, not just a general statement of refusal. Perhaps hand that over to a marine lawyer with your policy to see if it's worth pursuing.

mmwjr · 10-01-2019, 05:33 PM

Quote:

Originally Posted by jlawter

Yes sir but without a refloat I find it hard to believe that's where the water came from to be perfectly honest we were out on the water all day Saturday and everything was fine even the Marina manager was on our dock the day prior working on the slip next to mine and said our vessel was fine. But the insurance policy says if they determine a part failure to do maintenance its the insurer responsibility to keep up with that and why my claim was denied.

So the boat sank and is still on the bottom. How could anyone determine the cause when its under water? Basically the boat is a total loss with water in the engines, wiring and fabric. I have other whose boats sank due to a leaking bellows and they were at least partially covered. Who is the insurance company?

jlawter · 10-01-2019, 06:38 PM

She was brought up just took 6 hours and the marine mechanic pickled the engines 4 days afterwards. Foremost which is now Farmers hired a marine surveyor to examine the vessel and determine the AC strainer gasket caused the boat which without a re-float I don't know how they can determine that.....?

jlawter · 10-01-2019, 06:40 PM

According to the marine surveyor that was the cause but without a re-float I don't see how you can determine that? I just installed a new battery charger with 2 new batteries in July.

jlawter · 10-01-2019, 06:41 PM

Where do you find a marine lawyer? It seems their at the coast just doing a google search?

mmwjr · 10-01-2019, 09:32 PM

Quote:

Originally Posted by jlawter

She was brought up just took 6 hours and the marine mechanic pickled the engines 4 days afterwards. Foremost which is now Farmers hired a marine surveyor to examine the vessel and determine the AC strainer gasket caused the boat which without a re-float I don't know how they can determine that.....?

Engines should have been pickled much sooner.

mmwjr · 10-01-2019, 09:35 PM

Strange no one at the marina didn’t notice the boat getting lower in the water. So Saturday it was fine and on the bottom a day or two latter. Did you know of this leak?

jlawter · 10-01-2019, 11:55 PM

No I didn't even the manager of the marina was looking at the slip next to mine the day before and he said everything looked fine.

jlawter · 10-01-2019, 11:56 PM

I have requested a re-float after talking to an attorney after the re-float we shall see what happens afterwards

jlawter · 10-02-2019, 11:05 AM

The gasket that supposedly failed was the gasket for the AC Strainer which I wouldn't think would be considered a maintenance schedule item but I'm no marine mechanic either?

jlawter · 10-02-2019, 11:11 AM

I guess my questions to everyone is a 2 part question:

1. Is an AC Strainer gasket considered a maintenance schedule item?
2. Picking of the engines which in my case was done 4 days after she sank are those motors and generator okay or since it took 4 days there lost?

mmwjr · 10-02-2019, 12:31 PM

IMO a strainer gasket is fix on fail but checking for leaks should be a routine action.

Pickling the engines 4 days later should be ok you just want to do this ASAP.

My bigger concerns is all fabric (mold!) and wiring have been exposed to water. I have seen similar sinking that have resulted in electrical issue years latter.

shrew · 10-02-2019, 02:37 PM

Quote:

Originally Posted by jlawter

She was brought up just took 6 hours and the marine mechanic pickled the engines 4 days afterwards.

Quote:

Originally Posted by jlawter

According to the marine surveyor that was the cause but without a re-float I don't see how you can determine that? I just installed a new battery charger with 2 new batteries in July.

So in one breath you say it was refloated, then in the following post, seem to indicate it wasn't. This was the source of my original confusion and why I asked for clarification. Somehow, the only thing clarified is the contradiction.

Are you saying they determined the cause BEFORE it was refloated? Otherwise this thread continues to make no sense.

Also, a leaking gasket on a sea-strainer would not typically overwhelm a bilge pump......unless the top fell off.

Phillbo · 10-02-2019, 04:55 PM

Yeah, lots of confusion in this thread. I would consider it a total loss. Especially if sunk in salt water.

mmwjr · 10-02-2019, 05:16 PM

Quote:

Originally Posted by Phillbo

Yeah, lots of confusion in this thread. I would consider it a total loss. Especially if sunk in salt water.

For a 1996 it will be a total loss due to cost to refurb two engines (starters, alternators, carbs, ...), all fabric, other....