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Need Attorney to handle boat insurance claim dispute against State Farm in Florida.

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Need Attorney to handle boat insurance claim dispute against State Farm in Florida.

Old 05-13-2010, 10:04 AM
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Default Need Attorney to handle boat insurance claim dispute against State Farm in Florida.

I have an issue with my hull 95 Pursuit 26 foot CC that is has been insured by State Farm since I purchased it 6 years ago. Prior to purchase and being insured the boat was surveyed and a copy was sent to them. 5 years later I have a crack in my hull that turns out that I will need 10K in repair to have corrected. The deck will likely have to be removed to fix from inside. State Farm provided a surveyor who said that it would be fixed for 4500.00. I had a 3000 deductable on the hull so that left me with 1500 to fix. Unfortunately for me I have not found anyone that can fix it for that properly and do not want to spend 8500 to get my insured boat that I have never had a claim on fixed. They are saying that the problem with my boat is due to long term deterioration which is not covered by the policy. Thanks for any advice that could be provided
Old 05-13-2010, 10:26 AM
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What caused the crack? If it was long term deterioration and not covered why did they offer the $1500?
Old 05-13-2010, 10:43 AM
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Wow, this is going to be interesting......My first reaction is "who" (the vendor) has State Farm recommended to do the repair work for their estimate that their adjuster said would fix the problem ???

That would be my starting point, and I would go over that estimate with them and take along your other estimates and their scope of work that should be completed to repair the vessel correctly, and see what they are leaving out, if anything....

I wouldn't sign any acceptance of this claim until you resolve the dollar damages if all possible. I would also document everything and take plenty of pictures to support your case....

Once an Insurance Company recommends "their vendor" (repair shop) to do the work, it must complete the work to the "customer's satisfaction" or the customer can take it back as many times until it is repaired properly and meets the "customer's satisfaction", before you accept the job and sign a release to the vendor. Find that language in your policy, or have State Farm claims adjuster write that language in big writing on the repair order and have them sign it......

Good luck with this and keep us informed of your progress....

Regards,
Big R
Old 05-13-2010, 10:49 AM
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If, and this is a big IF...if boat policies are like homeowner policies, then my guess is that State Farm doesn't cover rot; whether in a home or in a boat.

While they won't cover long-term damage, they will cover the cost of getting to the damage and repairing the hull after you've paid to have the rot repaired. I imagine that's why they came up with a $4500 estimate.

What surprises me is how you've come to post this question. Sounds like neither adjuster nor agent explained things like how they came to adjust the claim like they did.
Old 05-13-2010, 10:58 AM
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There is no proof of rot, surveyor put a moister meter on the bottom of my boat and it did find moister which from what I have read proves nothing. I live in Central Florida and this boat on a typical day run 70-90 miles in various conditions, my take is that it is crack was caused by a wave.
Old 05-13-2010, 11:05 AM
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That is the thing; the surveyor is just a surveyor not a repair shop. I had it looked at by a repair shop and was told that it will cost 10K to fix it. I told SF, provide me a reputable repair facility that will repair it for that. They have done nothing but yank me around since November of last year.

Originally Posted by BIG R JR View Post
Wow, this is going to be interesting......My first reaction is "who" (the vendor) has State Farm recommended to do the repair work for their estimate that their adjuster said would fix the problem ???

That would be my starting point, and I would go over that estimate with them and take along your other estimates and their scope of work that should be completed to repair the vessel correctly, and see what they are leaving out, if anything....

I wouldn't sign any acceptance of this claim until you resolve the dollar damages if all possible. I would also document everything and take plenty of pictures to support your case....

Once an Insurance Company recommends "their vendor" (repair shop) to do the work, it must complete the work to the "customer's satisfaction" or the customer can take it back as many times until it is repaired properly and meets the "customer's satisfaction", before you accept the job and sign a release to the vendor. Find that language in your policy, or have State Farm claims adjuster write that language in big writing on the repair order and have them sign it......

Good luck with this and keep us informed of your progress....

Regards,
Big R
Old 05-13-2010, 11:06 AM
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Originally Posted by HighSpeedPursuit View Post
They are saying that the problem with my boat is due to long term deterioration which is not covered by the policy.
Unless you can prove otherwise (e.g. you had an accident and hit something) they're right. Take the offer and run like a bandit. Next case ...
Old 05-13-2010, 11:17 AM
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Originally Posted by Pez Vela View Post
Unless you can prove otherwise (e.g. you had an accident and hit something) they're right. Take the offer and run like a bandit. Next case ...
I'm in Pez Vela's court, can you get warranty to help?

Think about the past couple years, have you hit anything, a log, a plastic buoy... ?
Old 05-13-2010, 11:23 AM
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Boat is 15 years old and was surveyed for insurance 5 years ago when purchased, no warranty on hull. State Farm paid 4500 minus 3000 deductable or 1500. The repair is going to cost around 10K.
Old 05-13-2010, 11:25 AM
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They've opened the door by offering coverage, so there is a covered loss there somewhere. Why dont you take the big ($10k) scope of work to the the other repair shop (that state farm recommended) and make sure he intends to do all the work on the big scope.

If not, then have him explain to you why it isn't necessary.

Consider..
Is it possible that every item in the $10K scope isnt needed?
And if it is needed, is it possible that it's for damage that isn't covered under the policy?
Perhaps shop 2 can perform the other guys scope of work for alot less money?
And finally, if it is needed and it is covered under the policy... then why not allow the State Farm recommended shop do the work?

And yes... considering you don't know when or how the damage occurred, I would be thankful for getting coverage at all.

-Ken
Old 05-13-2010, 11:31 AM
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They recommend NO ONE... only stated that this issue can be repaired for 4500.

Originally Posted by Ft Myers Ken View Post
They've opened the door by offering coverage, so there is a covered loss there somewhere. Why dont you take the big ($10k) scope of work to the the other repair shop (that state farm recommended) and make sure he intends to do all the work on the big scope.

If not, then have him explain to you why it isn't necessary.

Consider..
Is it possible that every item in the $10K scope isnt needed?
And if it is needed, is it possible that it's for damage that isn't covered under the policy?
Perhaps shop 2 can perform the other guys scope of work for alot less money?
And finally, if it is needed and it is covered under the policy... then why not allow the State Farm recommended shop do the work?

And yes... considering you don't know when or how the damage occurred, I would be thankful for getting coverage at all.

-Ken
Old 05-13-2010, 11:48 AM
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High Speed Pursuit,

The first thing you need to do is hire your own surveyor and have him inspect the hull and itemize the repairs needed, and a cause if he can determine it. A lawyer will do this anyway, so you might as well do it on your own before spending the $ on a lawyer. Don't skimp on the surveyor, hire a certified one who has a lot of experience that will be more well known.

If his report differs from the insurance companies, then submit a copy of his survey to them.
Old 05-13-2010, 11:50 AM
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The question I have is - did they cover the loss and pay you the $1,500? it seems like no.
If they are not covering it, are you suggesting the should pay you the difference between what the surveyor said it should cost and what a repair yard wants? If that is the case, you are never going to win that argument.
Old 05-13-2010, 11:51 AM
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Good Point.


Originally Posted by modunlavy View Post
High Speed Pursuit,

The first thing you need to do is hire your own surveyor and have him inspect the hull and itemize the repairs needed, and a cause if he can determine it. A lawyer will do this anyway, so you might as well do it on your own before spending the $ on a lawyer. Don't skimp on the surveyor, hire a certified one who has a lot of experience that will be more well known.

If his report differs from the insurance companies, then submit a copy of his survey to them.
Old 05-13-2010, 11:56 AM
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State Farm Surveyor states that it can be repaired for 4500, repair shop says 10k. I have a 3000.00 deductable, they gave me around 1500. State Farm does not recommend any repair facility.

Originally Posted by LI32 View Post
The question I have is - did they cover the loss and pay you the $1,500? it seems like no.
If they are not covering it, are you suggesting the should pay you the difference between what the surveyor said it should cost and what a repair yard wants? If that is the case, you are never going to win that argument.
Old 05-13-2010, 12:00 PM
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Originally Posted by HighSpeedPursuit View Post
They recommend NO ONE... only stated that this issue can be repaired for 4500.
Oh, then ask them WHERE. There's either a difference in SCOPE or PRICE.

If it's SCOPE, then talk to the surveyor about the items he missed.

If it's PRICE, then talk to the repair shop about his labor rate if it's high or the insurance company if their labor rate is low.

Your repair shop should know how to handle this. If not, go to another.
Old 05-13-2010, 12:04 PM
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Standard procedure for any insurance company. Low ball the shit out of you and make you fight them tooth and nail to cover what they are supposed to.

Back when hurricane Wilma hit I had some roof damage. The adjuster for Citizens (State Farm is the agent) comes over and determines I need a new roof over my garage and patio. I said great, we're on the same page. They send me $368.00 to replace 400 square feet of roof.

Nice huh? I had to fight them for over a year and hire a public adjuster. I finally got an additional $3500.00 (-10% for the adjuster) for the roof job. Which costed $4500.00 to fix.

Good luck, you have a better chance of whacking a mob boss and getting away with it than getting an insurance company to stand behind what they are supposed to.
Old 05-13-2010, 12:34 PM
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don't waste your money on an attorney. you got hustled (legally). they sent out a surveyor (adjuster) to estimate the damage. he gave you a number, you agreed to it, signed his form and he cut you a check.

lesson learned. you should not have taken his money or signed your name. you should have taken it to a shop (approved by your ins.) and have them give you a quote. it works the exact same way with automobiles.
Old 05-13-2010, 12:44 PM
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Originally Posted by HighSpeedPursuit View Post
State Farm Surveyor states that it can be repaired for 4500, repair shop says 10k. I have a 3000.00 deductable, they gave me around 1500. State Farm does not recommend any repair facility.
Based on what you just said, they've already cut you a check for $1,500 which means you've probably signed off on or agreed to their terms. I think you're going to have a tough time fighting them now. That sucks. Am I right here guys?
Old 05-13-2010, 12:57 PM
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If State Farm paid you the $1500 and you cashed the check they are saying you have accepted their price for the claim. Don't cash it send it back with a certified letter stating your point. If you have already cashed you will probably have to hire an attorney to assist.

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