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RE: [world-cruising] The Phoenix, in flames

From: Jorge Crudele (no email)
Date: Mon Dec 15 2003 - 16:18:07 EST

  • Next message: Baumgart, James: "RE: [world-cruising] The Phoenix, in flames"

    I am not sure, but here there are two companies responsible for the damage.
    One is the Insurer, but the other is the manufacturer, that has to provide
    some type of warranty over its product. So, the insurer may apply the
    deductible, but the manufacturer should step up and repair/replace the
    product without any deductible.

    Second, my personal oppinion is that I would NEVER buy a used boat that has
    suffered a relevant fire, regardless of how good it has been repaired. I
    think this is shared by many sailors, so a repair 'good as new' is not
    really possible.

    Last but not least, your story gives VERY bad publicity to the manufacturer,
    so they should be more concerned about satisfying your requests.

    Good luck.

    Regards

    Jorge Crudele
      -----Original Message-----
      From: ron 'coyote' lussier [mailto:]
      Sent: Monday, December 15, 2003 4:51 PM
      To:
      Subject: Re: [world-cruising] The Phoenix, in flames

      On Dec 15, 2003, at 8:59 AM, Bob Conrich wrote:

    > The result of a judge ruling in your favour
    > would be that if I backed into your car and
    > dinged your fender, you could claim that a
    > repaired and repainted fender would never be
    > perfect, so you want me to buy you a new
    > car. Where I come from, that's called
    > "unjust enrichment."

      Yes, but backing up and repairing the fender is one thing, and involves
      one (replaceable) part. The damage to the Phoenix is (IMHO) the fault
      of the manufacturer, and thus falls into a different category entirely.

      The real question is whether a $300,000 boat that has suffered $120,000
      worth of damage can be made 'good as new'. The headliner is melted and
      dripped (stalactite-like) onto the cushions and woodwork. The steps
      are burned through, and the engine compartment is melted. The engine
      itself seized after the cooling water hose melted through.

      All of the ship's electronics are covered with a greasy black soot.
      The ship's laptop (like everything else, brand new) is dead. The
      fiberglass around the companionway is blackened and twisted.

      Our insurance policy has a $10,000 deductible.

      Bleah.

      --- , /),
                                     (( -.((_)) _,) Joyous Solstice!
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         ron lussier / lenscraft (( ) (`--' fine art
      photography
         67 crescent avenue `'( ) _ _,-.\
         sausalito / ca 94965 /,' \( ) `'
      http://lenscraft.com/
                                      (( `\
                                       `

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