RLI Insurance Won't Be There for You

[Guy Carrier]

We have been in litigation against the manufacturer for the last 2.5+ years. A year ago tomorrow the same Federal District Court who found in favor of the Insurance Company gave us a ruling against the manufacturer. Now a full year later we are still waiting for the award ruling. The manufacturer (a foreign company) has not shown up for any of the hearings and we hold little hope he will comply with any award.

 

[Scott L]

We have been in litigation against the manufacturer for the last 2.5+ years. A year ago tomorrow the same Federal District Court who found in favor of the Insurance Company gave us a ruling against the manufacturer. Now a full year later we are still waiting for the award ruling. The manufacturer (a foreign company) has not shown up for any of the hearings and we hold little hope he will comply with any award.

Sucks. Do you need good credit for your business/career?

 

[mrfixitchapman]

How easy is it for a surveyor to ignore the fact that the boat was new?

"In May 2008 my wife and I bought a new 50’catamaran."

I would believe that the surveyor was making sure that the SOLAS items were in place and ready, as well as ensuring that the new vessel commisioning was done properly. I'm familiar with the operation of moisture meters, and while I think that a thorough scan with the meter MIGHT have shown something unusual, would I scan a new boat?

Now if the boat had been in the water for several years, sure.

DC

 

[rjack321]

There are new boats with serious design flaws too. Hull, wiring, plumbing you name it. I doubt this foreign builder even knows what ABYC standards are nevermind building to them. Which is exactly why professional surveyors are employed during and after construction of new vessels. I still contend that having a hatch in the <bottom> of a boat is a massive design flaw, regardless of rot.

I am curious why the inspector was not part of the suit. If the manufacturer made a defective product (yes as decided in court), the surveyor approved defective product as seaworthy (apparently yes), and the defect was/is in plain sight on the bottom hence not "latent" (apparently the court's reasoning as well). Why not pursue the surveyor who concluded the boat was seaworthy when she was not?

 

[EastEndDiver]

I also asked why was the surveyor not contacted in this situation.

I know of two people who have had new boats built and had them surveyed before they accepted delivery from the manufacturer.In one case there were many problems which took the builder several months to repair.This was on a custom "Carolina" boat which cost slightly under 4 million.

 

[Guy Carrier]

Our lawyer is investigating what the law says about the surveyors role but I won't comment further on that.

 

[Guy Carrier]

You can see it at National Liquidators - 2005 Aventure Catamaran Bahamas 50, 50 ft. - National Liquidators

 

[Wookie]

Guy, your story makes me want to puke just thinking about it. I have a couple of questions, and you're welcome to blow me off.

What is with the underside of the flybridge? Is the boat supposed to come apart there for wire runs or something, or is this thing really constructed that poorly? Did the engines get flooded, and, if so, were they properly pickled prior to laying up?

And the last and toughest question, why don't you fix her up and keep sailing? You are selling her at a fire sale price, and she is a lot more boat than that. I know that she should have paid for by insurance, but it hasn't worked that way for you. Clean it up, there doesn't appear to be any structural damage, and go on with like and a new insurance company?

Please believe me, I'm not being critical, nor do I know what your skill set is, but I've burnt boats, sunk them, blown up engines, and done lots of bad things to good boats, but I've always re-built them and kept going. The damage to your boat doesn't appear to be that extensive (looking at the pictures).

 

[Doubler]

Lots of Cats and ocean going sail boats have escape hatches in the bottom. Not a design flaw but a safety feature.

 

[Wookie]

Lots of Cats and ocean going sail boats have escape hatches in the bottom. Not a design flaw but a safety feature.

I'll take my chances swimming under and out of the boat, thanks. The picture of that "hatch" shows I couldn't quite get my head through it.