Boat Engine Stolen

[adlad]

My boat is insured third party only, over the weekend the engine was stolen and some damage sustained, however the boat was at a marina being worked on. Should the Marina's insurance pay out as the boat was in their care?

[Thatcherite]

if it was booked in to their custody I'd say yes. For comparison, once my car was vandalized whilst in the care of a garage and they took responsibility for it so I'd say it's similar situation you have with the boat.

[ChuckFickens]

Generally the boat yard would only be responsible if it can be proven that they didn't take reasonable care of the item when in their care.

Your first point of call will be your insurers who will then deal with the boat yards insurers.

[baza]

I'm not an expert but I would assume that the marina should have insurance cover for boats that they are working on, in the same way that garages do for cars .Check with your insurance company.

[ChuckFickens]

Most garages have a disclaimer stating all vehicles are left at the owners risk, I'd expect the boat yard to have similar.

Although, the disclaimer is worthless if it can be proven the yard didn't show a reasonable level of care for the item, same as it is for cars left at garages.

[adlad]

Thank you for you advise I will speak with my Insurance company.

[Mosaic]

Pardon my suspicious mind - but have you dealt with this marina before? Seems very handy that a good boat engine that someone would want to pay cash for has been stolen from under their noses, if you get my drift.

[humbersloop]

Really sorry to hear that adlad - all too often anyone wearing a pair of overalls or carrying a tin of paint can wander into a marina unchallenged and help themselves.

If your boat is usually moored there, you may want to check your berthing agreement; most usually have disclaimer and waiver clauses. If you'd specifically taken it there for work, again check any terms covering that.

[adlad]

Thanks for all the answers, to clarify the boat was at the marina soley for repairs to the engine and not moored there as a place for storage. A number of boats sustained losses over the weekend, police advise that 7 boats all lost their outboard motors. I have my insurance company looking into the liability of the marina. Thanks again. Adlad.

[dodedo]

In short yes, unless the marina had a disclaimer stating otherwise

[harman777]

I think it does come down to the boat yard showing they had taken reasonable precautions.
Some years ago I left my car with a garage for service.
The car was serviced and parked around the back and the key was kept in the reception area.
When I went to collect it the car had gone but the key was still there.
Unfortunately I had to claim on my own insurance and as far as I am aware the insurance company had no recourse to the garage.
At the time it was not common for garages to have CCTV but this garage was one of the first in the area to have it insalled about 12 months later.

[DTCwordfan]

Thomson vs The West End Lane Parking Co (1949?) is the pivotal case for this, a guy leaving his Rolls everyday in the same garage. Handed over the keys to the attendant and his car goes missing............had he a case, despite clear noticing about the Parking Co offsetting it's responsibilities back onto the Owner?

Yes, they were liable, as an oral contract had been established between the attendant and the Owner, overriding the terms and conditions.

Therefore, you start with the work order and contract and see if terms are outlined there; failing that, are they clearly displayed at the site when you handed the boat over - and there have been cases about that (emphasising clearly) - then, after that, were they at all negligent as to security etc....do they have CCTV, was it working.....?

Unfortunately, boat engine theft is a big problem - down here in Cornwall as well...my bro in law is in this business and they have pretty good security land-side and CCTV, but there have been a number of incidents in other nearby marinas and particularly off moorings.

[humbersloop]

I'm a lot less sanguine about it than that dt. Marinas and moorings are usually a really soft touch for opportunist thieving, and various contracts and insurance agreements tend to reflect that in their favour, with the onus on the boater

On the plus side, there's usually a pattern to it - either they come back within a few days for another go, or they don't. Adlad says seven outboards were nicked, which is pretty organised, so my money's on the latter. Which doesn't help the op I know...