Re: [Amel Yacht Owners] Re: Insurance question in case of total loss



I answered you off group.


CW Bill Rouse
Admiral, Texas Navy
Commander Emeritus
Amel School
720 Winnie St
Galveston Island, TX 77550
+1(832) 380-4970

On Sat, Oct 13, 2018, 16:43 Alexandre Uster von Baar uster@... [amelyachtowners] <amelyachtowners@...> wrote:

Good afternoon Bill,

But last November I “NEVER” received the renewal of the policy…
If I had, it would have been forwarded to my lawyers like everything else (marina suing me, etc.).

I definitely will forward the message to my lawyers to cancel the insurance..

Thanks again, sincerely, Alexandre

On Sat, 10/13/18, Bill Rouse brouse@... [amelyachtowners] <amelyachtowners@...> wrote:

Subject: Re: [Amel Yacht Owners] Re: Insurance question in case of total loss
To: "amelyachtowners@..." <amelyachtowners@...>
Date: Saturday, October 13, 2018, 4:04 PM


I do not know who
is giving you advice, but your contract states several ways
for YOU to cancel the contract. I think the insurance
company is morally and ethically very wrong, but the way I
read your contract, they are technically right, and, you are
wrong for not cancelling the policy under  the terms of the
If the person giving you advice has advised you not
to cancel, or if the
person advising you has said nothing about your ability and
responsibility to cancel, I think you need to get advice
from someone else (not me, as I am not
CW Bill Rouse
Texas Navy
Amel School  
720 Winnie
Galveston Island, TX

On Sat, Oct
13, 2018 at 2:53 PM Alexandre Uster von Baar uster@...
[amelyachtowners] <amelyachtowners@...>


Good afternoon Bill & Bill,

Thanks for your replies.

Bill R.

So in my case the loss was Sept 6 (Hurricane Irma).

My Helvetia expired October 20.

They say they sent me a renewal but I never received it.

Then in January sent a letter that I owe the insurance, my
lawyers replied, then another letter in Feb, again my
lawyers replied, then again in March, my lawyers called and
the insurance told them that since they did not send the
letter via certified mail, this was not valid.

Since they hire a “collection agency” to ask for this
year’s premium (so Oct 20, 2017 to Oct 20 2018), which my
lawyers told me not to pay.

The insurance excuse is that I did not cancel the insurance,
but again I never received the renewal.

Their reason is that since I did not received the settlement
(because I contested it) the insurance has to continue…

And now they blocked the payment of the “partial” amount
(which is the one they offer, not the one that they owe).

No, I no longer own NIKIMAT, in fact I was told it was

Thanks again for your help!

Bill K,

Thanks also for taking the time to reply and share your

My policy is definitely confusing to interpret, as yes,
article 8.4.4 I am supposed to keep paying the policy until
I receive the settlement.

Yes great incentive for them as should we go to court, it
will take 2 years...

Yes I was told that in case of total loss they would get the
entire year’s premium, even thought the loss could happen
at half the year… I wouldn’t mind that… but yes
wouldn’t be fair is you had a total loss early on the

Anyway, thanks again for your reply.

Sincerely, Alexandre


On Sat, 10/13/18, greatketch@...
[amelyachtowners] <amelyachtowners@...>

Subject: [Amel Yacht Owners] Re: Insurance question in case
of total loss

To: amelyachtowners@...

Date: Saturday, October 13, 2018, 10:37 AM




am not a lawyer, and give no legal advice, I just read

the policy says...)

Our policy from Pantaenious has no

such language in the event of a total loss. Your policy

language is very troublesome to me because it seems to

require you to keep paying premiums until you accept

settlement offer. Great incentive for them to drag it out

long as possible, and for you to settle for less than

are owed. 

Our policy has the

following, which goes to a similar point but, to me,

much fairer to all parties:...

the annual premium is deemed

fully earned and non-refundable upon Pantaenius’

obligation to pay

any claim, cost or damage

reimbursement. Pantaenius shall have the right

to offset

any outstanding premium against any such obligation to

make payment on a claim, cost, or damage


In other words, if I (or they) cancel the policy

the end of the year, I receive a pro-rated

there has been a claim. In which case Pantaenius is owed

entire year's premium. If the entire year's

has not yet been paid, they subtract the amount owed

the final claim settlement.  Payment of an owed

is not predicated on continued payment.  There is no

requirement for ongoing payments in order to get the

settlement for a loss covered by a valid policy, so no

pressure to accept the settlement, and no extra cash flow

them for being slow to pay.

To me, this seems only

fair.  They have averaged the risks over the entire

and if I have a claim they should be paid for that full

year--no matter when the loss occurs. Our policy does

cover us one day at a time, but for the full year at one


By way of an extreme

example, it would be unreasonable for me to have a total

loss on the first day of the policy year, and then expect

pay only 1/365th of the annual premium.

Again, not legal advice,

just my thoughts.

Bill KinneySM160, HarmonieAnnapolis, MD,





Dear Amel owners,

On my insurance policy (Helvetia subscribed through

insurance DeLassee) it says (article 8.4.4) that my

insurance is automatically canceled in case of total loss

BUT (last line of that paragraph) that the insurance

stops when then settlement has been paid.

Which is why the insurance still ask me to pay the

for this year and likely the next one (since it is 25%

than the agreed value I am contesting it).

Does your insurance says the same thing?

Thanks in advance, sincerely,


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