McGowan & Associates Represents South Shore Resident After Yacht is Damaged During Winter Storage

McGowan & Associates represented a retired South Shore resident and sailing enthusiast who had damage to his yacht during winter storage. The vessel had been substantially upgraded after purchase and was insured under an agreed upon value policy. It had been impeccably maintained but its shrink-wrap was breached by snow loads and snow and ice got into the hatches which had been left open for circulation of air. As a consequence, moisture led to interior damage to the cabin that exceeded the value of the vessel and the insurer declared the vessel to be a total loss. The insurer attempted, however, to attribute the cause of interior damage, in part, to water leaving through the teak deck – and denied the claim due to anti-concurrent causation.

We were able to secure an expert to counter the insurer’s claims and obtain a settlement on behalf of our client that substantially exceeded the agreed value of the vessel, as we demonstrated that the insured had engaged in bad faith in the business of insurance proscribed by Massachusetts General Laws Ch. 93A §9 and ch. 176D §3(9). This settlement was reached in advance of trial.

If you have suffered a financial loss, you may be entitled to recover compensation even if your insurer has denied you coverage. Read our page on insurance coverage disputes or contact McGowan & Associates for a free legal consultation at 781-261-9977.