Has anyone had any experience with an attorney who practices Insurance Law? I am currently trying to hire an attorney to represent me because my boat has been totaled and my insurance company has repeatedly denied the claim, even though I have expert witnesses to help my case. The attorneys I have spoken to so far aren't very familiar with bass boats, much less the fact that a 100% composite hull isn't going to be damaged beyond repair without some sort of impact to cause the damage. Insurance company is wanting to blame it on a manufacturing defect or normal wear and tear! LOL!!! Any suggestions would be greatly appreciated.

is it a triton???

You would not necessarily have to find a lawyer intimately familiar with bass boats to litigate. In fact, they need to know nothing about bass boats. You'd just have to find a lawyer that believed that you have a case worth pursuing. Do you have an honest case? Curiously, how much retainer did they want advanced? There is a vast difference between "normal wear and tear" and "manufacturer's defect", if that's what you're hearing from the insurance company. Get that in writing and include it with your 1st certified letter of resolve to the dealer and the manufacturer. Do that only after you have asked them nicely to help you. ( A jury is never sympathetic if you're a loose cannon). Follow protocol if the boat is under warranty. If your boat is still under warranty (and you have not violated anyof the warrantable conditions. Do this before you hire a lawyer and resolve it outside of court at all cost. See your dealer first. If its an old boat, out of warranty, I'm afraid you're on your own unless there is some remote idea of product liability issue. With that you'd scare up all sorts of expensive legal advise if there were injuries.

Contact the texas dept of insurance. No lawyer wants to sqauble over property damage when it comes to insurance, unless of course you pay them enough and even then there is no recovery incentive. Who is the insurance company? How did you damage your boat? TDI will get their attenion and they will be inclined to "review" your claim.

Yes, it is a Triton, 2001 and out of warranty. I have already contacted the TDI and they said they won't be able to help because Progressive provided them with the same explaination they gave me, that is it is due to a manufacturing defect. I had heard before filing the complaint with the TDI that they wouldn't be interested in a boat claim because the state doesn't regulate boat insurance the same way it regulates home and auto policies, and that seems to be the case.

Captain Chris, I have talked with several attorneys who are not familiar with boats at all, but I think you are right. Each has said they will review my documentation to see if they will take on my case. I just would feel more comfortable with someone who knew or has handled a case involving fiberglass hulls. I do have a letter from the engineering dept. at Triton Boats which states the damage was consistent with impacting an object. The sticking point is there was no particular instance where I could name date and time of the impact when I thought the damage could have occurred. We all know as bass fishermen we hit and/or rub up against rocks and stumps all day long. Just being honest and I think Progressive is using that to their advantage.

I don't understand what you claim you believe has occurred. To be declared "totaled", an insurance determination will have to deem it totaled...not you. (Don't cancel your insurance).You have said that the insurance company has caused you to believe that there is a "manufacturer defect or normal wear and tear". Obviously, those are two separate and distinct issues. Why has the insurance company denied your claim? Do you have that disposition of denial in writing? If you should have had a multi-peril boat policy in force, and the damage was not due to neglect, and specifically excluded in the policy, the insurance company will respond accordingly. That response will give you a direction. You also say that you have an expert witness. How is this person qualified to be an expert witness for you? Will he give an affidavit of any sort? Remember, he must pass the test as an expert in the field to be an expert. There are other avenues, but would like to hear your responses to this.

wonder if there was any resolution ?

We haven't heard. He does not say that an adjuster evaluated his boat or not. I reread his post of 9/07, which surprises me that the insurance company would make a determination that his damages were the liability of another, unless they were acting on behalf of "the other" and had the authority to deem that type of conclusion.[b][/b] "Progressive provided them with the same explanation they gave me, that is it is due to a manufacturing defect".It appears that he is dealing with far too much "hear say -they said" and speculation of others without any facts. I think that if he intends to peruse the issue he should make a decision as to what happened. If insurance was in force, regardless of how, where or when damage was incurred, then he should not accept a denial as final. If he believes that the damage was a defect in the out-of -warranty hull, then, of course, there is no insurance or warranty claim. He just cannot permit some disinterested 3rd party make a decision as to what exactly occurred. His insurance claim route is his best bet unless his unique situation is specifically excluded by his policy. It appears to me that Progressive could have very easily overstepped their bounds if not. I wonder if he has that determination in some form of writing.

on 09/07 he states that the sticking point is he is unable to pin point the date the damage occurred. So, I question. Was insurance purchased after the damage happened.

It does not sound right that if his boat, is damaged that bad that he does not remember hitting something. Not sure about you. but, if I hit something on a lake. I always check the boat when I load up.

Hopefully he will get it resolved to his satisfaction.

We don't know the extent of damage which could be a hairline gel coat crack or gaping hole in the hull. It could be that he has had time to think about it all and decided that the effort and expense involved outweigh the probable outcome.

It's raining today...did you know that?

I would have never known what that stuff was, until you mentioned it....lol

No resolution yet, but just found an attorney to handle my case.
The boat was deemed "totalled" not by the insurance company, but by the fiberglass repair shop who said the cost of repairs would far exceed the value of the boat. This was verified by a marine surveyor who surveyed the boat on behalf of the insurance company, who basically is hired by the insurance company to agree with the insurance company. For Progressive to verify it as "totalled", would mean in legal terms that they would be obligated to pay the claim.
What I have is an area approximately 3 ft. wide x 7 ft. long, and is a combination of exposed fiberglass and "dead spots". This is hardly a crack in the gelcoat. But according to my expert witness, who is the owner of a large fiberglass repair shop and who frequently posts on this forum and also represents Triton as an authorized repair facility, the damage probably occurred from rubbing against something hard enough to cause a breach in the hull. There was no telltale sign of hitting an object hard because this would have crushed or "spidercracked" the hull. The location where the initial damage begins is completely hidden by where the boat sits on the trailer bunk, so unless the boat were actually put up on a lift out of water, this breach in the hull would have never been noticed. What ocurred is that while up on plane at high speed, this breach, or crack, caught water just right and the water basically entered the gelcoat and layers of fiberglass thereby blowing out a large portion of the hull. Hope this clarifies what happened. But back to Progressive, they want to blame it on a manufacturing defect, hoping I will accept their determination and go away. But hopefully, by getting an attorney involved I can get this claim with Progressive resolved. This has been one big headache dealing with them.

I hope you get it worked out to "your" satisfaction. Good Luck !!!

your fiberglass person should be able to help you. I'm sure he has dealt with progressive before. Has he talk to the adjuster one on one ? or could this happen from pulling it up on the trailer (rubbing). the lawyer deal. If you have a case he shouldn't ask for any money up front.

I'm not a "sea lawyer" but if you let a surveyor paid by your insurance company examine your boat, is that the same as agreeing to an arbitrator?? Simply curious.