Hi All
I am having a huge battle with the above company ( i understand they are one of the biggest marine insurers in the world) regarding an insurance claim.
it boils down to the intertpretation of the usual 'what is covered and what is not' - As some history i have had the claim first refused by the external team who sound as though they kill most claims in their tracks ( Haven Knox Johnston) , and went onto the complaints team at MS Amlin and am now at the Ombundsman stage.
For info my boat was ashore in a marina boat yard , as it has been for the last 12 years and due to a bilge pump failure the boat was swamped over a period of about 6-8 weeks which has resulted in all the electrics needing to be replaced/re-wired and various other items destroyed( fire extingusher/flare pack/first aid kit/fishing tackle).
I have had not used a cover on the boat , and the hull has no drain plug drilled in the hull ( which are not conditions of the policy).
what is covered is ;
Whilst ashore or afloat, being lifted, hauled out or launched, in transit by road, rail, air or car ferry the Vessel is covered for losses arising from: 1.1 all risks of accidental damage; 1.2 theft; 1.3 fire and/or explosion; 1.4 acts of piracy; 1.5 acts of vandalism; 1.6 deliberate damage (not caused by You); 1.7 Latent Defect, excluding the cost or expense of repairing or replacing the defective part; and 1.8 electrolysis caused by a sudden and identifiable cause
Also covered is 'accidental loss or damage as a consequence of a failure or breakdown of Machinery'
I read that to mean if the bilge pump failed and the boat was swamped the cost of the bilge pump would not be covered but the damage would be.....
They have repsonded that the policy wording for exclusions includes the following:
6 You are also not covered for: 6.1 the cost of repairs or replacement to the Machinery directly caused by Latent Defect or mechanical breakdown, unless cover is provided under Section A 2.4; or 6.2 the mast, spars, sails and rigging whilst the Vessel is racing unless this has been agreed by Us and it is shown in the Certificate of Insurance under “Type of Racing”, in which case cover is extended under Section F.
Also that '4.12 incursion of water into the Vessel unless sudden and unforeseen, or accidental;
MY VIEW IS THAT THE PROXIMATE CAUSE OF THE DAMAGE WAS A FAILURE OF THE BILGE PUMP AND ASSOCIATED WIRING AND FUSE POSSIBLY ( I AM AWAITING THE REPORT OF THE MARINE ENGINEER STARTING THE WORKS ).THE BOAT HAD BEEN ASHORE AND BEEN PERFECTLY FINE FOR 12 YEARS UNDER THIS BASIS AND INSURANCE IS THERE FOR THESE TYPE OF RARE OCCURANCES - THE FACT IT WAS SWAMPING OVER TIME IS THIS NOT PUT TO ONE SIDE , AS THE PRINCPLE ISSUE IS MECHANICAL FAILURE.
Their marine engineers report also concldued the damage was caused by the failure of the bilge pump and the subsequent swamping by rain over a period of time...
Any thoughts or suggestions would be appricated as i am told the ombudsman is not always very user friendly for the claimant.
If there are Lawyers or specialists who help people like me out there i would be very interested for any contact info.
Also if anyone out there considers i am wrong and should forget the challenge i have made i would welcome any wisdom from other longer term boat owners!
Paul
added to which the exclusions also include:
i assumed that if you have a bilge pump failure