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Reginald P. Smithers III

wrote:
On 27 Sep 2006 18:35:02 -0700, "JimH" wrote:

You're kidding, right? They have NO responsibility? How do you present
that claim to your insurance company?
Dan,
The contract can say anything it wants, it does not necessarily remove
them from having liability if your boat is damaged. It is happened to
me, I would report it to my insurance company, and they would fight it
with the botel.
If the contract included *specifically negotiated* hold harmless,
indemnification or other risk transfer verbiage the liability can
absolutely be transfered.over to the contractor.

This is the only country in the world where an unconditional hold
harmless waiver does not mean you can't find a lawyer who will sue for
you.
The scary thing is the number of times the plaintiff wins or simply
walks away with (half to 2/3ds of a) a nice settlement. The lawyers
take their piece off the top.

Which is the reason the insurance companies have so many lawyers on
retainer. The specifically negotiated hold harmless waiver is
overturned in courts all the time.