Sometimes marine insurance companies outright deny claims, but more often, they file what is known as declaratory judgment actions. A declaratory judgment action asks a federal court if an interpretation of the insurance policy — usually an exclusion clause — can be used to deny the claim. Depending upon the court’s answer, the marine insurance company will either accept or deny the claim.
Imprisonment for:
Many times Florida personal watercraft and motor boat concessionaires rent watercraft without providing the renters with adequate, if any, instruction. Several people renting these vessels have little or no operational experience. This is a recipe for disaster. If you were injured because the rental company did not provide you with sufficient instruction or were injured by someone who rented a watercraft, you may have a claim against the concessionaire.
It is a common after a hurricane to see boats strewn across docks as well as marina pilings and bulkheads severally damaged. In an effort to protect against hurricane damage, many marina storage agreements contain a clause requiring boat owners to move their vessels out of the marina when a hurricane is approaching. This clause also holds the boat owners responsible for any damage caused by their vessels to the marina should the owners not move their water crafts. Should your marina try to hold you responsible for damage resulting from not removing your boat prior to a hurricane, the law is on your side.
Given the current economic climate, more and more companies are filing Chapter 11 in an attempt to shed debt. We receive many calls from vessel suppliers inquiring whether the yacht’s or ship’s owner filing of Chapter 11 has any impact upon their right to enforce a maritime lien and arrest the vessel. The answer is no!
