It’s still a bit tender
ITIC insured a yacht manager who was replaced by a new manager at the end of an extended winter refit in the South of France. At the end of the refit in December the yacht departed the South of France. In April, whilst the yacht was being made ready for the summer season the new manager realised the tender to the yacht was missing. The tender was located in a marina near to the dock where the December refit had been carried out. As the tender had been in the water over the winter the new manager blamed the previous manager for any damage to it. The total claim was over EUR 100,000.
It became apparent that the former manager insured by ITIC had done nothing wrong. The yacht had been running on her generator as the shore power converter and inverter were being replaced. In order to save significant usage of diesel, a temporary transformer was needed. This was stored in the tender garage, leaving no room for the actual tender. The tender therefore had to be removed and placed in the water. The owner had been kept fully informed of this in the weekly technical and Captain’s reports.
The owner was in a rush to leave the yard and the former manager had specifically recommended that the sailing be delayed until after the Christmas period. This would have allowed the spare parts for the
converter and inverter to arrive, allowing the tender to be returned to the garage. If their recommendations had been followed the tender would have left with the yacht. Furthermore, the former manager had advised the owner that it would be best for the tender to be lifted out of the water and sent on to the manufacturer for servicing along with the jet skis. Both these recommendations were rejected by the owner.
The former manager had the crew visit the tender on a weekly basis to check on its condition. There was nothing untoward found on those weekly checks up until January. The new manager and new captain appointed shortly after were advised of the tenders location. If there was any deterioration in the condition of the tender it would have occurred whilst under the care of the new crew.
Finally, the tender was far from new and should have been sent to be serviced at the manufacturer. Much of the damage and maintenance required within the claim of EUR 100,000 would have been paid for by the owner regardless of the tender being in the water over winter. Therefore, even if the former manager had been negligent, it did not cause any financial loss to the owner. On this basis ITIC defended the claim in full.