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Well done. But wait to see the detail before you open the champagne.
On 01 May 2019 at 03:13 "Alexandre Uster von Baar via Groups.Io" <uster@...> wrote:
Back in December Helvetia (subscribed through DeLassee Insurance) made a better (still very unfair) offer, which my french lawyers pressed me to accept, but it came with a special clause or exemption that would completely exonerate Helvetia from anything now on…
I was a bit stunned my lawyers did not warn me that this meant that “I” would be responsible for dealing with “the rest” of the stuff (for example the Simpson Bay Marina suing boat owners for damages to the dock).
I said no and wrote one of them that I was questioning which interest they were defending… Mine? The insurance? or theirs?
… and in the case of refuse by the insurance I will seek another lawyer to sue the insurance.
There was a back and forth letters asking for the removal then modification of the clause, lots of delay from the insurance to reply, either the guy was on vacation for 3 weeks or the office was closed for the Holliday, etc. but, phrase differently, still the insurance kept some of the clause, lawyers suggest I would add a hand written note, which the insurance refused yesterday.
So now I was heading to court.
So yesterday I wrote the lawyers that, since the insurance said NO, I was going to hire a different lawyer for the “full amount” (not the unfair offer), plus everything that was always denied even thought written in the contrat such as expertise fee, lawyers fee, etc.
Then today guess what?
While it usually take 30 days for the insurance to reply to any letter, my lawyer email me “the insurance has cracked” with a document to signed without the exemption…
On Thu, 2/28/19, Alexandre Uster von Baar via Groups.Io <uster@...> wrote:
Subject: [AmelYachtOwners] Insurance updates.
Date: Thursday, February 28, 2019, 12:56 PM
Over 2 months later, and despite 2 more
letters from my lawyers to ask the settlement clauses to be
notified still nothing.
So today I called Helvetia and said
these clauses were not acceptable, that they should know by
now that I will not let go, that personally I wanted to go
to trial, but my lawyers want to solve the issue
The person said he will contact the
legal department to see about changing the clauses.
(last time my lawyers ask them, they supposedly were very
busy and needed more time).
So will see.
Now regarding Pantaneus (reminder: one
of their insured lost control and hit my vessel in Nassau in
July 2014). They still not have sent the ridiculous
amount they agreed to pay.
Helvetia said that Mr Thomas Mullady
does not reply any of their email. Helvetia assures
me, they do everything to obtain that payment.
I told them, if in 2014 then you did
not want to hire a lawyer for $20.000 I doubt you will hire
one for less. They assure me again I would be
Personally I will NEVER use insurance
again (aside for the required liability). It is
obvious they are ALL dishonest.
In the pasts, I heard many “horror”
stories, I thought this was exaggerations from upset people,
unfortunately this is all true.
On a side note, the french customs
asked me to pay “this year” (2019) annual fee for the
boat (which they know sunk in 2017), but we solved that.