As you might remember, the insurance (Helvetia contracted through the broker DeLassee) was holding on the partial payment because I did not pay “this year’s premium”.
A year ago, the insurance offered a settlement 27.16% less than the agreed value of the contrat.
I said no and hired 2 lawyers.
Under french law, which my policy is governed under, the insurance has to pay the amount they offer as a “partial” payment.
The way they hold that payment, was by using article 8.4.4 from their policy saying that “insurance is canceled in case of total loss, etc. BUT ADDING: becomes effective the day the settlement is paid”.
Since I said no to the insulting amount and no payment was done, then I consequently still owe them the premium until we settle… (which could take years…).
Well, that last sentence is “illegal” (article 1170 of the old french law) because: “it is a clause that deprive the obligation from the debtor (the insurance)”.
The partial payment was made in November.
I called the new person handling my case at the insurance to tell him that by now he must know that I am not going to let go, and that I am still owed money from the collision in Nassau in 2014… (where I was at zero fault, but forced to accept 50%).
Last week, the insurance made a better offer, BUT WITH A TRICK.
First, the new settlement offer is not the “Agreed” value for which I have been paying the premium for all these years, it is 14% less and represents the market value of a similar SM2K.
Second, the trick is that if I accept their new offer, then the insurance is no longer responsible for any liability, etc. Which is a big NO. Why? Because the Simpson Bay marina has been trying to get money for a year and by sighing that document, then I would have to deal with them, hire other lawyers and could have to pay some damages.
So my lawyers are writing a modification saying the settlement only concerns damages to the ship, but let alive liability, etc.
I keep an eye on the forum and am touched to see time to time my illustrations are being mentioned.
Wishing all the Amel Owner a Merry Christmas and sending my most since wished for 2019: Good Health, Happiness, Love, Success, Travels and all you wish for.
SM2K #289 NIKIMAT, lost during Hurricane Irma in Sint Maarten on the 6th of September 2017.