Who is responsible?

[Eric]

I am building a new enclosure, the Bimini was done and installed. 60 mile an hour wind storm came through and rattled frame loose, causing wind whip on seamark top. Which made the vinyl undercoating separate in spots from the sunbrella. This same storm separate boats from their mooring and tossed them against break wall. My insurance will not pay for new top, as they say it was finished, even though enclosure wasn't. He claims his insurance is not responsible, and he doesn't want to pay deductible. Who is responsible? How would you resolve this?
Thanks.
Eric

[kodydog]

Wow Eric. I'd say his boat, his insurance.  I once checked on who is responsible if I pick up a valuable piece of furniture and it gets ruined. I was told the homeowner. Their paying to insure the furniture. It doesn't mater if its at their house or my shop.

On the other hand if I was half way through upholstering a sofa and my roof sprung a leak, I'd go ahead and fix it. Tough call.

[Mojo]

 Sadly, by the time these two insurance companies figure out who is and who is not responsible you will more then likely be retired.  :'(

Chris

[SHHR]

I would ask myself first How much fight do I have in me? If the bimini was fully installed and it was on his property (or marina's) I would say it's the owner's responsibility. with that said there's always a slick lawyer who'll pass the blame on to you and make it stick. A good insurance company should stand behind you and at least give you advice on how to deal with it, but today their bottom line is the most important. With that said it may be easiest to take it on the chin and fix it out of pocket.

[JuneC]

IMHO, his insurance is responsible.  I'm not sure where he's coming from claiming your insurance is.  He owns the boat and everything on it, he owns the bimini top (even if he didn't pay for it yet - he probably hasn't actually paid for the boat yet).  It was installed on his boat.  If it had gotten ruined in your shop, and your negligence (not closing windows, locking up) caused the damage, then I'd expect your insurance to cover it.  He's way off base claiming your insurance needs to cover it.

June

[Joys Shop]

Unless there was something that you hadn't done yet, that needed to be done to the top,and therefore made it weaker than it was going to end up being, then your responsibility ended.

It happened while it was on his boat, and it is his, not yours

[sofadoc]

He claims his insurance is not responsible, and he doesn't want to pay deductible.

It sounds MORE like he just doesn't want to pay the deductible than his insurance claims it isn't responsible.
Why would he even mention a deductible if his insurance isn't going to pay anyway?

  I once checked on who is responsible if I pick up a valuable piece of furniture and it gets ruined. I was told the homeowner. Their paying to insure the furniture. It doesn't mater if its at their house or my shop.

That is my understanding as well. Most standard homeowner's policies cover furniture while it is away from the home being restored.

[DBR1957]

Once it is mounted on his boat it becomes his responsibility IMO. However, did he
know the bimini was installed?

There is a little twist here. In your insurance policy there should be a clause about
"Care and control".  My understanding is that during the process of working on
his boat I believe you have care and control. Since you had not completed the full
service he contracted you to do you may still technically have "care and control". If
this is the case then an argument can be made that you should have removed or
secured the top so damage would not occur.

Your first post was a little ambiguous. You said the bimini was already on. Had you
just made and installed it or was it an existing bimini? If it was an existing bimini
it's not your responsibility.

Another thought is the cost to replace the bimini is less than his deductible. Most
boaters I know carry somewhere between a $1500 and $2000 deductible. So his
insurance isn't going to pay anyway.

[Eric]

It was new Bimini on his frame. Yes he knew. I am pursuing this, under that exact clause in my insurance. So, if insurance won't cover it, would you eat cost of fabric and labor to build a new one. Good will so to say? I look at this somewhat as building a house, you have construction insurance to cover. You wouldn't expect carpenter to rebuild house for free. Well maybe some would.
Thanks Eric.

[JuneC]

I might suggest splitting the cost of a replacement - just as a goodwill gesture.  But I truly don't believe that any of it is your responsibility.  His deductible is probably more than what you charged for the one piece and he simply doesn't want to pay twice for the bimini.  I understand that, but that doesn't mean you should build it twice for a single payment. 

I'd ask the guy at what point does he believe the ownership of the bimini passes to him.  When he pays for it? (probably what he'll say)  Has he paid in full for everything in his possession (like his house, car, boat?)  If his car isn't paid off, and he has a fender-bender, is his finance company (or their insurance) responsible for fixing the fender and paint?  Or is his own insurance company?

In this situation, you're like the finance company.  You've given him property that he is in possession of, with an agreement (written or verbal) that he will eventually pay it off. 

June

[DBR1957]

Like June, I think you will have to end up giving some good will.

But it was his frame and I'm assuming your agreement didn't specify
anything about that one way or another. How did the frame rattle loose?
Did it come off it's mounting points or did the set screws loosen up
and the frame go out of adjustment?

What make of boat was it? I know when I work on Maxums or Bayliners
partically everyone one of them is going to have an out-of-whack frame
and most of the set screws will be loose.

[Mike8560]

As everyone else  has said it was his Bimini not one that you made so it his deal. The real problem is the enclosure y our Making I don't know how far your into  it. Maybe just a pattern or patterned cut an sewn Sand near ready to go on ?   But Now there no top to is install it  on. This would be my problem here. Is the frame damaged bent   Is it just needing new canvas?   I'd try to make a deal with him on making a new Bimini canvas so I could Finnish my work and get paid. Might make a you a hero at the marina also.