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Jonathan Ganz
 
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Default Legal Liability from Storm Damage

Dave, you have a Holder 20? Cool. I teach sailing on Holders
on the lake near my house. Nice little boat, but I like the Cals
better for real wind like in the bay. How do you like it? Assuming
swing keel like the ones I'm used to?

How could the power boater be responsible if your boat
drifted into his? I'm no expert, but I suppose the claim
would be that your lines were inadequate. Not sure if
it would stand up. You better have pictures of the lines
and perhaps some "expert" ready to claim that they are
adequate. I think there's another Dave here who claims
to be an attorney. Maybe he can comment.

--
"j" ganz @@
www.sailnow.com

"Dave" wrote in message
...
Hello:
This past september my docklines broke during a gale sending my Holder
20 sailboat into the neighboring powerboat cause about $5000 in damage
to the powerboat. A claim was filed through my homeowner's insurance.
The claim was rejected because my insurance company said that this
was an act of god and I was not responsible. After several go arounds
with my insurance company, I recommended that the owner of the
powerboat file through his insurance company. I recently found out
that his insurance company rejected the claim because he took to long
to file. Anyhow, the guy who runs my marina recently called me to let
me know that the powerboat owner was planning to sue me. I am
currently looking for an attorney to review this situation, but I was
curious if anyone knew who is legally responsible for the damage,
myself or the powerboat owner. I spoke to an attorney today and he
said that I would need a maritime lawyer for this case. As I searched
maritime law today, I could not find any rules and regs that apply to
my case. The inland rules only talk about responsibility while
underway.

Any thoughts would be appreciated.
Thanks,
Dave
Holder 20
Marmora, NJ