On 22 Dec 2018, at 07:26, Alexandre Uster von Baar uster@... [amelyachtowners] <amelyachtowners@...> wrote:

Insurance update. 
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”.  

Summation: 
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)”. 
In french:
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006070721&idArticle=LEGIARTI000006436553&dateTexte=&categorieLien=cid

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. 

Sincerely, Alexandre
SM2K #289 NIKIMAT, lost during Hurricane Irma in Sint Maarten on the 6th of September 2017.  

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Alexandre,

Your experience has been an education for many of us, myself included.  Please keep us informed as this develops as much as you want to.  It is appreciated.

Thanks and Merry Christmas!

Duane

Wanderer, SM#477

On Sat, 22 Dec 2018 at 5:26 am, Alexandre Uster von Baar uster@... [amelyachtowners]

wrote:

 

Insurance update.
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”.

Summation:
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)”.
In french:
https://www.legifrance.gouv.fr/affichCodeArticle.do?cidTexte=LEGITEXT000006070721&idArticle=LEGIARTI000006436553&dateTexte=&categorieLien=cid

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.

Sincerely, Alexandre
SM2K #289 NIKIMAT, lost during Hurricane Irma in Sint Maarten on the 6th of September 2017.