- the Mid Atlantic Mariners Club
Transcription
- the Mid Atlantic Mariners Club
Mid Atlantic Mariners Club Newsletter Inside this issue Spring 2011 Volume 10, Issue 1 1-2. Opening Article/Skippers Corner 3. Upcoming Events 5-6. Photo Gallery 7. What’s Shakin 8-9. Legal Article 10-12. Technical Article 13. Advertising Info 14 Contact Info/Acknowledgements 15-16. Membership Applications The Skipper’s Corner Alex Kripetz Travelers Ocean Marine Like all of you, I’ve been keeping tab of the many forecasts, analysis/opinions, and predictions for how the boating industry will fare once 2011 is said and done. For us here in the Mid-Atlantic, we’re currently in the Spring crunch which will play a large part in determining how the local boating economy will play out for the year. As can be expected, when I attend industry functions the message has been cautiously optimistic, and when I talk directly to boat dealers and insurance agents, the “state of the union” and outlook varies depending on who I talk to. On the less positive note, the boat industry has basically lost a decade of growth when compared to where it was in 2002/2003, the rate of decline continues (although at a somewhat lesser pace which is good), and Continued on next page News and Upcoming Programs Thank you to everyone who helped make our first official Spring Social a really good time! We had 45 members and friends come out to Fado’s Annapolis on a recent Friday night to just catch up and wind down after another hectic Spring workweek, and as usual a good time ensued. A big thank you goes out to our event sponsors, because the bar tab exceeded even our lofty expectations! Good times. As you can see from our Upcoming Events section on page 3, the Program Committee already has the rest of the programs for 2011 in progress. From marine engines to charter exposures to insurance fraud, I think everyone is going to be really happy with what is coming together for you. CE Credits will be available for the December program. So next up is the always popular Crab Feast on 7/14. As you may recall, we had to shut down online registration last year after we reached max capacity for the event, so please get online and register once we send out notice letting you know you are clear to do so. You also will have the option to send in the registration by mail; we’ll send out that form with the invite to our e-mail list. As always, the event will be at the Kent Island Yacht Club. More info will be forthcoming via our e-mail list and website: www.marinersclub.net. We’ll see you soon. Mid Atlantic Mariners Club Skippers Corner Continued if the fuel prices hit over $5/ gallon at the local docks, all bets may be off! On a positive note, the GDP has been primarily up for about the past year and a half, and boat sales tend to follow. Boating remains a $30b industry, so the foundation is still there. With repo’d inventories way down from where they were a couple of years ago, the industry isn’t competing with itself like it was. And perhaps most interestingly, there is a definitive segment of boat buyer that looks specifically to buy late model used boats. They don’t want older boats, but they don’t want to pay “new boat” prices. Because new boat production was way down in 2009/2010, this will mean a shortage of late model used boats for this segment to consider, and this should translate to this segment of boat buyer biting the bullet and just buying new. So the disruptions in the Middle East may or may not prove to be a major disruption of was thought to be an otherwise slow but steady recovery track. Stay tuned, hopefully by the next newsletter we’re back on track. But no matter what, remember we’re still part of a very large industry, and even more importantly we’re part of an industry that brings friends and family together to have fun and forget about the everyday stresses of life, and that’s always positive news for us. We’ll see you soon. PAGE 2 Mid Atlantic Mariners Club PAGE 3 ***Online Registration/Payment Will Be Available at www.marinersclub.net*** Thursday July 14th Summer Program and Crab Feast Kent Island Yacht Club, Stevensville MD This popular event will include a Program seminar that will center around “The Good, the Bad and the Ugly of Marine Engines”, and related fire prevention. A major source of claims in our industry, this seminar will help you get your mind around what insurance professionals need to know about marine engines. This will be a hands on and interactive program! Engine fires and fire prevention in general will round out our program. Then we’ll head outside for crabs, BBQ, beer, music and some summer fun! More info will be coming your way in the upcoming months via our e-mail list and website. Wednesday October 12th Fall Program and Cocktail Reception Sheraton Annapolis Hotel, Annapolis MD Our October Program and Reception will be happening the day before the start of the 2011 Annapolis Power Boat Show. This Program will be All About Charter Coverage , and include topics such as what determines full-time vs. part-time charter, what does it really take to become a licensed captain, what is an inspected vs. uninspected vessel (and what should that mean to insurance professionals), information on charter fleets, etc. Top speakers from our industry will share what they know about Chartering, as Annapolis gears up for one of the most popular boat shows in the US. Thursday December 8th: Winter Program and Holiday Party Meeting and Cocktail Reception held at the Pier 5 Hotel in Baltimore MD. Our December Program, “In the Devastating Wake of Insurance Fraud - Marine Insurance Is No Exception” we will explore the who, what, where and why’s of insurance fraud and what it costs the Insurance Industry and the Policyholder. Leaders from all aspects of our industry will discuss their role in detecting, preventing and dealing with fraud through lecture and case studies that will be interesting and informative. This program will also be eligible for 6 CE Credits in 7 states (possibly more) from CT to VA! The Program will be followed by a festive Reception and Cocktail Party overlooking Baltimore’s Inner Harbor. Mark your calendars now for December 8, 2011! More info to come as the program continues to be developed by our Program Committee, but mark your calendars now! Interested in getting on our e-mail mailing list for upcoming events, newsletters, etc.? Send an e-mail to [email protected] and let us know! Mid Atlantic Mariners Club PAGE 4 Mid Atlantic Mariners Club PAGE 5 Mid-Atlantic Mariners Club Photo Gallery Winter Program and Holiday Party: Mid Atlantic Mariners Club PAGE 6 Mid-Atlantic Mariners Club Photo Gallery Spring Social: Mid Atlantic Mariners Club PAGE 7 In Ace Recreational Marine News: Len Algigi, Central Regional Agency Manager, is pleased to announce that Club Member Debbie Hiebert has joined the Tampa, Florida team of ACE Recreational Marine Insurance. Debbie has been involved in the insurance industry for the past 25 years, with more than 22 years in the marine specialty. In the West Region, Regional Agency Manager Maile Silveira is also pleased to announce that Danielle Comer has joined the ACE Recreational Marine Insurance team in San Diego, California as Senior Underwriter in that territory. Danielle joins Rec Marine after 8 years with ACE’s Marine Facilities Group, working as a Multi-Line Senior Underwriter, and more than 15 years in the insurance industry. Century Insurance Group's Marine Department has a new underwriting team and a new home in Glen Allen, Virginia. The Marine Team is currently comprised of James Bass, Director of Marine, who was previously at Markel and Peter Meshin, Senior Underwriter, previously of Berkeley Mid-Atlantic Group. In Gowrie Group News, the Company’s recent Corporate Challenge to benefit the Shoreline Soup Kitchen received unprecedented local support, raising a total of $108,421! This year’s annual event far surpassed their initial goal of $70,000, and reflected a 35% increase in donations. The Gowrie Group thanks all those who participated. Maritime General Agency announces its newly formed business identity of “Maritime Program Group” which combines three niche marine insurance underwriting facilities – Maritime General Agency, Marine MGA, and Windward Marine Underwriters – into one managing general agency. Maritime Program Group also recently announced the launch of their new Excess P&I facility specifically designed for crewed yachts. The new program through Navigators Insurance Company offers up to $25,000,000 excess of $5,000,000 underlying for crewed luxury yachts. Welch and Harris, LLP is pleased to announce that Jason R. Harris recently presented at the following events: Knox Marine, 18th Annual Marine Yacht Claims Conference, Mr. Harris presented on Practical Considerations in Yacht Salvage and Salvage Pricing Methodology International Association of Marine Investigators, Inc., 21st Annual Training Seminar, Mr. Harris presented on Admiralty Law during the General Session. Mid Atlantic Mariners Club PAGE 8 Legal Article Boom, Bang, What’s That Smell? By James Mercante Rubin, Fiorella & Friedman LLP You’ve heard the term “getting the crap knocked out of you” but can it really happen? Can someone get injured by contact with another vessel even though there is no collision? And, can it be that sailors can make their own laws applicable to a race that supersedes even the rules of the road that govern all of boating? The answers are yes. Boom It happened recently during a sailing race. A woman was seated on the rail of a Hunter 140 sailing vessel assisting as race crew, in charge of the jib. The skipper controlled the mainsheet and tiller. During the race, another vessel participating in the race came within two feet of the Hunter, but had the right of way. The Hunter was the “give-way” vessel and thus had to yield the right of way and was obligated to take necessary action to avoid collision. Since the Hunter did not take any evasive action, the other skipper (who had the right of way), seeing that a collision was imminent, yelled out “jibe” and then jibed his vessel. The two vessels were so close that the skippers were actually communicating their intentions and commands verbally to one another. The jibe worked to avoid collision between the two vessels. However, the woman seated on the rail was not paying attention and did not see the other vessel’s boom swinging in her direction. Bang The boats did not collide. However, the boom swung hard over and the part of the boom that extended beyond its own vessel struck the woman in the upper part of her neck causing her to fall forward into the cockpit with her eyes closed and writhing in pain. The woman struck by the boom was in and out of consciousness. What’s that smell? Luckily, the woman sustained no fractures. Nonetheless, she initiated an admiralty lawsuit against both vessels in which she sought monetary damages for a loss of taste and smell. Even her claim for medical expenses was limited to expenses that were related to loss of smell and taste. She first noticed this condition ten days after the accident when she could not smell her dog’s feces. Her taste was affected, too. She could not taste her lobster eggs Benedict at her regular breakfast place and repeatedly sent the meals back. She even gained twenty pounds, allegedly because of her continued attempts to taste food and because she had to pour salt on her food to get any flavor. Maritime law applied because of the genuine salty flavor of the dispute. The accident happened on a boat in “navigable waters” and involved injuries occurring on board a vessel during a sailboat race, thereby bearing a significant relationship to a “traditional maritime activity.” (Members of the Atlantis Anglers fishing club on Long Island know this because of my admiralty law talk last month to that now well-versed fishing organization). In admiralty, liability for a collision or other type of maritime casualty is based on a finding of fault. The mere fact of impact has no legal consequence. The operator’s conduct has to be Continued on next page Mid Atlantic Mariners Club PAGE 9 Legal article continued from previous page measured against that of a reasonably prudent skipper under similar circumstances. Generally, the place to start is to determine whether either vessel violated the nautical “rules of the road.” Specifically, the steering and sailing regulations known as the COLREGS govern vessels’ duties and obligations when in sight of one another. Oddly enough, sailors in an organized race can opt out of the rules of the road, if the participants all agree in advance to abide by an alternate set of rules. There is not much case precedent on this point, but a U.S. Court of Appeals held that by entering a regatta with sailing instructions which unambiguously set forth special, binding “rules of the road,” the participants waive conflicting COLREGS and must sail in accordance with the agreed-upon rules. So, for example, if a race committee determined that the race would be governed by the International Yacht Racing Rules (IYRR), not the COLREGS, and all participants agreed to these rules, that agreement forms a private contract between the participants and supersedes the statutory collision regulations. The courts that have upheld this anomaly cite to the facts that a race is a private activity and to the strong public policy favoring the private settlement of disputes. By this method, the race committees have jurisdiction over casualties, protests, and appeal procedures. For example, the Sailing Instructions for a race will typically establish the conditions to which race participants agree to be bound and more importantly, the mechanism for determining who among competing yachts has infringed those rules of conduct. Now, back to the woman who got the smell of feces and taste of lobster knocked right out of her. Yes, she was awarded some money by the federal judge, who found her complaints to be credible. The judge determined after listening to live testimony at trial that there was a “temporal proximity” of the accident to her difficulty smelling her dog’s feces and inability to taste food at local restaurants. However, the judge found the woman to be 40% at fault for her injury for not paying attention to what was going on in the race, particularly demonstrated by the fact that she considered the commands being barked out by the two captains while the vessels were in close proximity just chit-chatting. The judge found the skipper of her vessel (the give way vessel) 35% at fault, and the other vessel, which had the right of way but came too close (within two feet of a collision), 25% at fault. Conclusion As this case demonstrates, in admiralty law, as in life, you should not have to get hit in the head to wake up and smell the roses. Just pay attention! * This article by James Mercante Esq. appeared courtesy of Long Island Boating World. Mid Atlantic Mariners Club PAGE 10 Technical Article Wooden Boat Surveys Featuring the return of the Anonymous Surveyor Fifty to sixty years ago, before fiberglass boats led to the demise of craftsmen in boat building, there was this material for building boats that had been used since the first man decided to try and float on the top of the water. It was a natural material, and when used appropriately and in a proper manner produced some of the most astounding watercraft ever to ply the seas. It was wood. Even though still used today, much of the knowledge, skill, and craftsmanship that went into constructing the wood classics of the early 1900’s up through the late 40’s to early 50’s is rapidly disappearing. And along with the passing of these craftsmen, the surveyor who really knows how to properly evaluate a wooden boat and all of her intricacies and hidden flaws is also disappearing. I am not talking about cold-molded boats which are really nothing more than a fiberglass boat with plywood or wood veneer replacing the mat and woven roving. I am talking about clinker and carvel plank on frame boats. I am talking about the double diagonal planked Owens cruisers, the Pacemaker, Post and Egg Harbor sportfishing boats, the old Elco and Consolidated commuters, the Gar Wood and Hacker Craft day boats, etc. Unlike the boats of today held together by space age resins, these classics of yesteryear relied on metallic fastenings to hold the planks, frames, stringers, etc in place. And that is the problem, the fastenings. Many older wooden boats today are held together by habit and water pressure! And I am not being facetious. In many of these older boats you could slide a long feeler gauge between the planks and the frames below the waterline and never hit a fastening. I know because I have done it on boats that had recently been “surveyed.” How is that possible you might ask? It is very easy when you consider the boats had never been refastened or if they had, it had been done improperly. And “surveyors” don’t get paid for finding issues of this magnitude that in many instances makes the boat a worthless liability. It has no market value if its true conditions are known but is an extreme liability to anyone onboard and the environment if it sinks. A recent “survey” on an old 1920’s Consolidated 58’ commuter put the value at $450,000 with three minimal recommendations. $2.5 million later the boat is still not finished. With what I had learned about the vessel, I took a look at the survey with the following questions in mind: Were any of the extremely rotted frames identified? Were any of the (almost totally) wasted copper rivet fastenings tested and pulled? Was any of the solid strand, lamp cord, and other types of wiring meant for household use, not marine use, identified? Were the scorched terminal ends that melted the backside of the 110 VAC breakers noted? The answer to these and the other 40 or so recommendations I had to write was a resounding NO. This “surveyor” was putting the lives of innocent people at risk because he did not know how to, or chose not to properly survey a wooden boat. His “survey” was acceptable because he was a member of one of the two major recognized organizations that certify/accredit marine “surveyors.” (That is a topic for another day!) I did another boat where the “surveyor” allegedly spent “two or three days” going over a Chesapeake deadrise Continued on next page Mid Atlantic Mariners Club PAGE 11 built in Virginia in the 1950s. He never pulled one fastening but commented that after hammer sounding the hull it “appeared to be tight and intact…suitable for inland and offshore cruising.” (That comment alone should have clued any knowledgeable person that this “surveyor” didn’t have a clue. Suggesting a Chesapeake deadrise is suitable for offshore cruising is tantamount to gross incompetence.) When I told the owner he should pull at least two planks to get an idea of how she was fastened and refastened, he strongly objected. When I explained that based on what I was seeing I sincerely doubted more than 25% of the fastenings holding the planks to the frames were still holding. As is frequently the case whenever I estimate something like this I was proven wrong. There were actually only about 10% still intact; the other 90% were non-existent or were so wasted that the yard was able to easily pry the planks from the hull. What would have happened if this boat had hit any weather with the owner, family and guests onboard? Does anyone remember the EL TORO II, and that was a Coast Guard inspected wooden hull! Short of reconstructing this hull, the yard did the next best thing, going back with oversized silicon bronze screws. But this was only a band aid on a cancer as the myriad of dissimilar metals in the planks and the frames will cause these fasteners to fail or the frames will suffer from “nail sickness” in 10 years or so and a total reconstruction of the hull will be required at a cost of at least $500,000. The problem is that even if the best fastening material ever manufactured for use in wooden boats is used, the result is the same as a boat ages. A Monel fastening will be around long after all who read this are long gone. The problem is the wood around the Monel undergoes what the old-timers referred to as “nail sickness.” When the Monel becomes wet as it will, it slowly starts to deteriorate on the molecular level. And this slow deterioration results in an alkali condition around it that attacks the lignin in the wood. The lignin is the “glue” that holds the wood together. That is why the only fastenings in the old deadrise that were still good were the Monel ring-shanked nails, however the frames into which they were driven had turned to mush around them. In this case it wasn’t just the effects of the Monel on the oak frame, but the myriad of other fastenings. There were the remnants of the original squareshank, hot dip galvanized boat nails, stainless nails, silicon bronze screws, etc. All of these dissimilar metal fastenings set up localized galvanic cells creating alkali that attacks the lignin. Common wood fastening metals like silicon bronze, hot-dipped galvanized, and stainless steel all result in “nail sickness.” It is just a matter of time before it manifests itself in planks coming adrift. (Just for information, there is probably no worse material for fastening planks and framing in a wooden boat than stainless steel nails and bolts. They deteriorate as fast as or faster than galvanized nails due to the lack of oxygen necessary to keep them passivated.) Another issue with many older wooden boats that most don’t understand is the caulking of the plank seams. Frequently, the gap between the planks was caulked with a mixture of cotton and oakum. Since there are very few corkers (individuals who knew how to caulk older wooden boats) left, unknowing people just keep inserting more and more caulking material between the planks to try to keep the water out. This is usually done before launching in the spring when the planks have shrunk over the winter. The result is the hulls start to “grow” with the planks pulling away from the frames and bulkheads. I have seen boats where the gap between the bulkhead and the hull was ½” or more. And that is also the gap between the frames and the planks in some instances, but more often the frames will tend to “follow” the planks as they expand outwards as long as the fastenings are still somewhat intact. The original boat builders did not build their boats with these gaps; everything was tight and flush as that is the way the men of this craft did it. The proper solution is one that you don’t even want to consider, because it involves lots and lots of two things…money and time! Continued on next page PAGE 12 Mid Atlantic Mariners Club Everyone knows that BOAT is the acronym for Bring Out Another Thousand. That may apply to newer fiberglass and cold-molded boats. However, the owners of old wooden boats are more familiar with the acronym that applies to their boats…BOAM: Bring Out Another Million! And that is not too far off. In order to restore an older wooden boat to any semblance of her original structural integrity simply refastening is often not an option. As noted previously the frames have become so deteriorated that refastening does little but help the water pressure and habit hold the boat together while resting calmly at the dock. What should an underwriter at a bank or insurance company do when presented with a survey on an older wooden boat? My suggestion would be at a minimum determine if the boat has been reconstructed in the past 20 years using quality materials at a reputable wooden boat repair yard. If that is not the case determine if it has been refastened at a reputable wooden boat repair yard in the last ten years. If that is not the case, don’t walk away, RUN. You are no longer being asked to underwrite a risk but are looking at an almost certain loss. As an aside, if the individual surveying an older wooden boat isn’t close to the same age as the boat and been surveying for at least 35-40 years, he or she is probably imminently unqualified to be surveying the boat. And you will end up with a “survey” similar to those where I have the unenviable task of informing a boat owner that his new boat is actually a BOAM. Mid-Atlantic Mariners Club Contact Information: Regular Mail: Mid Atlantic Mariners Club 163 Mitchells Chance Road, PMB 279 Edgewater MD 21037 Website: www.marinersclub.net PAGE 13 Mid Atlantic Mariners Club This tenth edition of our MAMC newsletter will be distributed to all of our Club members, numerous non-members, and marine-related businesses both in an e-newsletter format and hard copies at events. For those interested in advertising in an upcoming issue, we will be offering the following space on a per-issue basis: FULL PAGE AD: $250 QUARTER-PAGE AD: $125 BUSINESS CARD SIZE AD: $75 Interested parties please send a request via e-mail to [email protected] PAGE 14 Mid Atlantic Mariners Club Acknowledgements MAMC Officers Skipper: First Mate: Program Director: Purser: ` Yeoman (2): Alex Kripetz Derek Rhymes Jon Horton Christine Wilson Sue Cacoilo Sandi Davidson Travelers Ocean Marine All Boat & Yacht Inspections Jack Martin and Associates Hartge Insurance Associates Travelers Luxury Yacht Windsor Mount Joy Program Speakers/CE Credit Coordination and Management: Professional Development: Helen Dierker Technical Advisor Bob Skord International Marine Insurance Services Skord and Company Inc Program/Facility Assistance: Program Sponsorship Program Guide Coordination: Registration Assistance Damon Hostetter Suzanne Redden Tammy Kraushaar ACE Recreational Marine Seaworthy Insurance RLI Marine Alex Kripetz Christine Wilson Travelers Ocean Marine Hartge Insurance Associates Newsletter Committee: Committee Chair/Editing Director Distribution Director/Editing We would like to acknowledge and thank: Executive Committee Members Damon Hostetter and Alicia Shaffer of ACE Recreational Marine, for their continued involvement with and support of the Club. Dirk Schwenk of Baylaw LLC for his assistance with our website. Club Volunteers Dan Zottarelli of Dockmaster’s Yacht and Marine Insurance, Bob Kochan of Forensic Marine Investigations, and Hank Reiser of Pocahontas Marina. We would also like to acknowledge and thank our newsletter advertisers Stephen F. White, Esq., Forensic Marine Investigations, Pantaenius, Markel, JP & Associates, and Rubin, Fiorella & Friedman LLP. Their advertising dollars help the Club by supporting the printing and further distribution of this newsletter. PAGE 15 Mid Atlantic Mariners Club Mid-Atlantic Mariners Club APPLICATION FOR INDIVIDUAL MEMBERSHIP Mid-Atlantic Mariners Club members in good standing must sponsor your application. Membership dues of $100 must accompany this application. Please mail back application and payment made out to “Mid-Atlantic Mariners Club” to: MAMC, 163 Mitchells Chance Road, PMB 279, Edgewater MD 21037. You will then be contacted regarding membership. Name: ________________________________________________________________ Company Name: ________________________________________________________ Mailing Address: ________________________________________________________ City, State, Zip: _________________________________________________________ Phone: ____________________________ Fax: ______________________________ E-mail Address: _____________________ Web Address: _______________________ Job Title or Description: __________________________________________________ Describe your involvement in the Marine Industry: _____________________________ _______________________________________________________________________ Why do you want to be a member of the Mariners Club? ________________________ _______________________________________________________________________ What name would you like on your badge? ___________________________________ Would you be interested in serving on committees or the leadership of the club? ______ 1st Sponsor Name: ______________________ Signature: ____________________ 2nd Sponsor Name: ______________________ Signature: ____________________ Applicant Signature: _________________________ Date: ________________ Approved by: ____________________________________ Date: _________________ Dues Paid: _____________________ Check No. _________________________ PAGE 16 Mid Atlantic Mariners Club Mid-Atlantic Mariners Club APPLICATION FOR CORPORATE MEMBERSHIP Mid-Atlantic Mariners Club members in good standing must sponsor your application. Membership dues of $_____ must accompany this application. ($500 for 10 or less employees, $1,000 for over 10 employees). Please mail back application and payment made out to “Mid-Atlantic Mariners Club” to MAMC, 163 Mitchells Chance Road, PMB 279, Edgewater MD 21037. You will then be contacted regarding membership. Company Name: ____________________________ Contact Person: ____________ Mailing Address: ______________________________________________________________________ Phone: __________________________ Fax: ______________________________ E-mail Address: _____________________________ Web Address: _____________________________ Job Title or Description: __________________________________________________ Describe your involvement in the Marine Industry: ___________________________________________ _____________________________________________________________________________________ Why do you want to be a member of the Mariners Club? _____________________________________ Initial list of your employees: Name: ________________________________ e-mail:________________________________________ Name: ________________________________ e-mail:________________________________________ Name: ________________________________ e-mail:________________________________________ Name: ________________________________ e-mail:________________________________________ Name: ________________________________ e-mail:________________________________________ What name would you like on your badges? ________________________________________________ Would anyone in your firm be interested in serving on committees or the leadership of the club? _____________________________ 1st Sponsor Name: _________________________ Signature: _____________________________ 2nd Sponsor Name: _________________________ Signature: _____________________________ Signature of contact person: ____________________________ Date: ________________ Approved by: ____________________________________ Date: _________________