Marine Investigations

Marine Investigations

 


Chapter 4

Marine Insurance and Issues of Law

4. Marine Insurance and Issues of Law 75

The Role of the Marine Expert 76
Unfair Claims Practices Laws 78
Independent Adjuster 81
Obtaining an Adjuster's License 83
Advice to the Client 83
Reasonable Doubt 84

Insurance Policies and Concepts 85

Principles of Insurance 85
All Risk Yacht Policy 86
Agreed Valuation 87
ACV Policies 88
Seaworthiness Warranty 88
Perils of the Sea 90
Weather 92
Negligence -vs- Gross Negligence 93
Sue and Labor Clause 95
Subrogation 95
Estoppel 95
The Prudent Uninsured 96
The Non Waiver Agreement 98
Cooperation 98
The Insured's Rights, Insurer's Rights 99
The Time Element 99

Latent Defects 100

Historical Perspectives 101
Error in Design 101
Faulty Material 101
Premature Failure 102
What is Damage? 103
Machinery 105
Limitations on Claims 106

Admiralty Law 106


Salvage 108

Refusal of Salvage Assistance 109
Abandonment 110
Salvage Fees -vs- Salvage Awards 111
Towing versus Salvage 112
Example 112
Hazards to Navigation 114
Recommending Salvors 114
Types of Salvage Contracts 115
Incompetent Salvors _ Surveyor as Salvage Master 116
Salvage Bidding 118

Copyright© 2004 David H. Pascoe

Expand Business!
Marine surveyors:
Expand your marine business!
Conducting marine investigations can help free you from the limitations of a seasonal business and expand your business opportunities and income.
Who Hires?
Who hires marine investigators?
In addition to insurance companies, specialist investigators merge their specialized pleasure craft knowledge with investigative abilities for a broad range of clientele.
Clientele
These can range from boat owners with serious warranty claim disputes and faulty repair issues to being hired by lawyers as investigators as either fact witnesses or expert witnesses.
Marine investigators often work for boat owners who are having trouble with insurance claim issues, assisting the boat owner obtain a proper claims settlement.

Marine Investigations
by
Soft Cover
544 pages
Publisher: D. H. Pascoe & Co., Inc.
Published: 2004
Language: English
ISBN-10:0965649652
ISBN-13: 9780965649650

Price: $95.00
In Stock

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David Pascoe - Biography

David Pascoe is a second generation marine surveyor in his family who began his surveying career at age 16 as an apprentice in 1965 as the era of wooden boats was drawing to a close.

Certified by the National Association of Marine Surveyors in 1972, he has conducted over 5,000 pre purchase surveys in addition to having conducted hundreds of boating accident investigations, including fires, sinkings, hull failures and machinery failure analysis.

Over forty years of knowledge and experience are brought to bear in following books. David Pascoe is the author of:

In addition to readers in the United States, boaters and boat industry professionals worldwide from over 70 countries have purchased David Pascoe's books, since introduction of his first book in 2001.

In 2012, David Pascoe has retired from marine surveying business at age 65.

Biography - Long version


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