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Sorry for the long post:
I owned a boat, Duckin ‘n’ Divin and a trailer (the vessel), which was insured with AXA General Insurance Limited (the insurer). The boat was approximately 6.6 meters long. Since the beginning of 2004 the vessel had, in the main, been located in the Dry Berthing compound within a Marina complex under a Dry Berthing contract.
The Marina offered Dry Berthing to owners of boats under 7 meters that were on trailers. The Dry Berthing contract was for a minimum period of 6 months. Under the contract, the Marina provided unlimited launches and recoveries of boats at the owners’ convenience. Owners would supply to the Marina a set of keys to their boats to facilitate launching and recovery. The boats and trailers of owners who contracted to Dry Berthing were located in a separate and more secure area of the Marina complex known as the Dry Berthing Compound. The area has also been referred to as the Secure Compound or Day Boat Section. The Dry Berthing compound was a fenced off area, with locked gates, CCTV and was managed by a Dry Berthing Manager.
In May 2006, I decided to relocate my vessel from Scotland to Spain where I have a holiday apartment. As it was my intention to relocate my vessel in the month of July or August 2006 and in view of the 6 months minimum contract for Dry Berthing, I decided not to renew the Dry Berthing contract. On the 11th May 2006, the vessel was then moved from the Dry Berthing compound to the open and unsecured “hard standing” area within the Marina complex.
In the period that my vessel was in the Dry Berthing compound and because the compound was secure, the trailer had not been fitted with a wheel clamp. However, once the vessel had been moved to the hard standing, which was an open and unsecured area within the Marina, the trailer was fitted with a wheel clamp (I have a photograph that shows this).
On 28th July 2006 the vessel was stolen from the hard standing within Marina complex. As a result of this, I informed the Police who investigated the theft and made a claim under my policy with the insurer for the insured value of £21,700.
During the course of investigations, I was informed by the insurer that the Dry Berthing Manager at the Marina had provided a statement to the insurer recording that the trailer upon which the boat had been loaded had not been fitted with a wheel clamp. The insurer did not disclose to me the full contents of his statement.
Since I disagreed with this broad statement, I arranged a meeting in the offices of the Marina at which the Dry Berthing Manager, the Marina Manager, my wife and me attended.
At the meeting the Dry Berthing Manager gave his unequivocal assurance to all present that the statement he had made to the insurers, insofar that my trailer did not have a wheel clamp attached to it, related only to the period of time that my boat was in the secure compound of the Dry Berthing Area.
It was requested that he put this in writing; however, the Marina Manager would not allow him to do so. It was ultimately agreed that his word would be taken on trust and as such no further action was taken in regard to the statement.
At this meeting, the Dry Berthing Manager was also shown a copy of the photograph showing my boat on the trailer with a wheel clamp attached. He confirmed that the photograph had been taken in Marina hard standing complex.
In January 2007 the insurer declined full settlement of my claim of £21,700 but offered an ex gratia payment of £10,000. The insurer cited the evidential position remains unsatisfactory and conflicting with regard to compliance with Policy Terms and Conditions and in particular the ‘Locking Warranty’, as being the main reason for not upholding my claim.
On the basis of a statement provided by the Police Officer to whom the crime had been reported, I decided to pursue a civil claim against Strathclyde Police Force because I believed that the Officer had been negligent in the recording of information provided. In order to pursue this claim I asked the insurer to provide me with copies of statements and documents.
One of the many documents received from the insurers in response to my request was the statement provided to the insurer by the Dry Berthing Manager. A summary of the statement (as provided by the insurers) is as follows:
“****, the dry berthing manager, states; I would see his boat almost daily both when it was in the dry berthing and when it was lying on the hard. I do not recall it having a wheel clamp fitted to the trailer at any time. To the best of my knowledge this boat had no security devices fitted to it”.
A further document received from the insurers was a summary of reasons why the insurers did not uphold my claim in full. One of the reasons cited was the statement provided by the Dry Berthing Manager.
The statement provided by the Dry Berthing Manager to the insurers is at complete odds to the declaration that he made during the meeting; that his statement referred only to the time when the vessel was in the Dry Berthing compound.
My solicitor corresponded with the Dry Berthing Manager requesting clarification of the events. He did not respond.
Correspondence has been exchanged with the Marina. A letter received from his employer states that he declines to make any changes to the statement that he made to my insurer. The employer also uses threatening language if I attempt to continue with my claim against their employee.
The declaration from the Dry Berthing Manager that he was referring only to the time when my vessel was in the Dry Berthing compound, in the full knowledge that this was in complete disagreement to the statement he provided to my insurers, places complete distrust on his honesty.
His subterfuge denied me the opportunity to provide my insurer with any credible evidence to invalidate his allegations.
For example the following email would have been gathered sooner and produced to the insurers:
In reply to your email Chris,
Regarding the statement of ***,that is a very strange thing for him to
say ,unless he was referring to the time the boat and trailer were in the confines
of the Dry Berthing section, when that would be the case!
In hope this clears up any misunderstanding regarding the details of the incident,
Regards
Fred
Whilst the following is not considerably important with regard to security devices; many of the Dry Berthing Manager’s allegations in his statement have been shown to be inaccurate by his own employer’s records. This places further doubt on his ability to either act honestly or to preserve accurate recollections.
He stated that the Marina Office did not have keys to my boat. Copies of the available Key Register from the Marina Office show 23 entries of my boat keys being signed in or out.
He also states that he only launched my boat once; One of his responsibilities as the Dry Berthing Manager were to launch and recover boats from within the Dry Berthing compound. During the time he had been the Dry Berthing Manager, Marina records show a total of 20 launches/recoveries of my vessel. Furthermore, I have a statement saying that he launched my boat at least 5 times that this person can remember.
Had all these facts been presented to the insurers immediately after being advised of the Dry Berthing Manager’s statement, the insurer would, I have no doubt, have come to the conclusion that his statement was completely unreliable and that he would not have been in a position to comment definitively upon locks contained on the trailer, especially after it was moved from the Dry Berthing Area to the hard standing in May 2006.
He provided to the insurers a statement that he cannot justify nor substantiate. More importantly he declared that his statement referred only to the time that my vessel was in the Dry Berthing compound; his declaration has since been proven to be totally dishonest.
Of course at the meeting there were four people; my wife, me, the Marina Manager and the Dry Berthing Manager. My wife has produced a statement of her recollections of the meeting, but I am sure that both the Marina Manager and the Dry Berthing Manager will probably deny saying this.
Any thoughts on how one should progress?
I owned a boat, Duckin ‘n’ Divin and a trailer (the vessel), which was insured with AXA General Insurance Limited (the insurer). The boat was approximately 6.6 meters long. Since the beginning of 2004 the vessel had, in the main, been located in the Dry Berthing compound within a Marina complex under a Dry Berthing contract.
The Marina offered Dry Berthing to owners of boats under 7 meters that were on trailers. The Dry Berthing contract was for a minimum period of 6 months. Under the contract, the Marina provided unlimited launches and recoveries of boats at the owners’ convenience. Owners would supply to the Marina a set of keys to their boats to facilitate launching and recovery. The boats and trailers of owners who contracted to Dry Berthing were located in a separate and more secure area of the Marina complex known as the Dry Berthing Compound. The area has also been referred to as the Secure Compound or Day Boat Section. The Dry Berthing compound was a fenced off area, with locked gates, CCTV and was managed by a Dry Berthing Manager.
In May 2006, I decided to relocate my vessel from Scotland to Spain where I have a holiday apartment. As it was my intention to relocate my vessel in the month of July or August 2006 and in view of the 6 months minimum contract for Dry Berthing, I decided not to renew the Dry Berthing contract. On the 11th May 2006, the vessel was then moved from the Dry Berthing compound to the open and unsecured “hard standing” area within the Marina complex.
In the period that my vessel was in the Dry Berthing compound and because the compound was secure, the trailer had not been fitted with a wheel clamp. However, once the vessel had been moved to the hard standing, which was an open and unsecured area within the Marina, the trailer was fitted with a wheel clamp (I have a photograph that shows this).
On 28th July 2006 the vessel was stolen from the hard standing within Marina complex. As a result of this, I informed the Police who investigated the theft and made a claim under my policy with the insurer for the insured value of £21,700.
During the course of investigations, I was informed by the insurer that the Dry Berthing Manager at the Marina had provided a statement to the insurer recording that the trailer upon which the boat had been loaded had not been fitted with a wheel clamp. The insurer did not disclose to me the full contents of his statement.
Since I disagreed with this broad statement, I arranged a meeting in the offices of the Marina at which the Dry Berthing Manager, the Marina Manager, my wife and me attended.
At the meeting the Dry Berthing Manager gave his unequivocal assurance to all present that the statement he had made to the insurers, insofar that my trailer did not have a wheel clamp attached to it, related only to the period of time that my boat was in the secure compound of the Dry Berthing Area.
It was requested that he put this in writing; however, the Marina Manager would not allow him to do so. It was ultimately agreed that his word would be taken on trust and as such no further action was taken in regard to the statement.
At this meeting, the Dry Berthing Manager was also shown a copy of the photograph showing my boat on the trailer with a wheel clamp attached. He confirmed that the photograph had been taken in Marina hard standing complex.
In January 2007 the insurer declined full settlement of my claim of £21,700 but offered an ex gratia payment of £10,000. The insurer cited the evidential position remains unsatisfactory and conflicting with regard to compliance with Policy Terms and Conditions and in particular the ‘Locking Warranty’, as being the main reason for not upholding my claim.
On the basis of a statement provided by the Police Officer to whom the crime had been reported, I decided to pursue a civil claim against Strathclyde Police Force because I believed that the Officer had been negligent in the recording of information provided. In order to pursue this claim I asked the insurer to provide me with copies of statements and documents.
One of the many documents received from the insurers in response to my request was the statement provided to the insurer by the Dry Berthing Manager. A summary of the statement (as provided by the insurers) is as follows:
“****, the dry berthing manager, states; I would see his boat almost daily both when it was in the dry berthing and when it was lying on the hard. I do not recall it having a wheel clamp fitted to the trailer at any time. To the best of my knowledge this boat had no security devices fitted to it”.
A further document received from the insurers was a summary of reasons why the insurers did not uphold my claim in full. One of the reasons cited was the statement provided by the Dry Berthing Manager.
The statement provided by the Dry Berthing Manager to the insurers is at complete odds to the declaration that he made during the meeting; that his statement referred only to the time when the vessel was in the Dry Berthing compound.
My solicitor corresponded with the Dry Berthing Manager requesting clarification of the events. He did not respond.
Correspondence has been exchanged with the Marina. A letter received from his employer states that he declines to make any changes to the statement that he made to my insurer. The employer also uses threatening language if I attempt to continue with my claim against their employee.
The declaration from the Dry Berthing Manager that he was referring only to the time when my vessel was in the Dry Berthing compound, in the full knowledge that this was in complete disagreement to the statement he provided to my insurers, places complete distrust on his honesty.
His subterfuge denied me the opportunity to provide my insurer with any credible evidence to invalidate his allegations.
For example the following email would have been gathered sooner and produced to the insurers:
In reply to your email Chris,
Regarding the statement of ***,that is a very strange thing for him to
say ,unless he was referring to the time the boat and trailer were in the confines
of the Dry Berthing section, when that would be the case!
In hope this clears up any misunderstanding regarding the details of the incident,
Regards
Fred
Whilst the following is not considerably important with regard to security devices; many of the Dry Berthing Manager’s allegations in his statement have been shown to be inaccurate by his own employer’s records. This places further doubt on his ability to either act honestly or to preserve accurate recollections.
He stated that the Marina Office did not have keys to my boat. Copies of the available Key Register from the Marina Office show 23 entries of my boat keys being signed in or out.
He also states that he only launched my boat once; One of his responsibilities as the Dry Berthing Manager were to launch and recover boats from within the Dry Berthing compound. During the time he had been the Dry Berthing Manager, Marina records show a total of 20 launches/recoveries of my vessel. Furthermore, I have a statement saying that he launched my boat at least 5 times that this person can remember.
Had all these facts been presented to the insurers immediately after being advised of the Dry Berthing Manager’s statement, the insurer would, I have no doubt, have come to the conclusion that his statement was completely unreliable and that he would not have been in a position to comment definitively upon locks contained on the trailer, especially after it was moved from the Dry Berthing Area to the hard standing in May 2006.
He provided to the insurers a statement that he cannot justify nor substantiate. More importantly he declared that his statement referred only to the time that my vessel was in the Dry Berthing compound; his declaration has since been proven to be totally dishonest.
Of course at the meeting there were four people; my wife, me, the Marina Manager and the Dry Berthing Manager. My wife has produced a statement of her recollections of the meeting, but I am sure that both the Marina Manager and the Dry Berthing Manager will probably deny saying this.
Any thoughts on how one should progress?
