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Jury Should Say if Lack of Captain Raised Hazard for Yacht Lost in Dorian, Court Says

For hurricanes with erratic paths that prove difficult to predict, property insurers could soon find it trickier to justify some claims denials for boats, yachts and other movable marine structures, thanks to a recent appeals court decision.

The 11 th U.S. Circuit Court of Appeals last week overruled a lower court and sided against Lloyd’s of London in litigation over a prominent Florida businessman’s 61-foot yacht that was destroyed in Hurricane Dorian in 2019.

Lloyd’s argued that the owner, Serendipity at Sea, a corporation headed by Mikael Oakley and wife Jacqueline English of Orlando, had jeopardized the yacht by not moving it from the Bahamas to Florida as Dorian bore down. That breached the insurance contract, Lloyd’s said.

But the appeals court found that significant disagreement remains over the safest mooring spot for the ship, after the hurricane initially appeared to target central Florida but then shifted into the flank of Great Abaco in the Bahamas.

“The district court erred in granting summary judgment for Lloyd’s when a disputed question of material fact remains about whether Serendipity LLC’s breach of the captain warranty increased the hazard posed to the Serendipity by Hurricane Dorian,” the 11 th Circuit panel of judges wrote in its Jan. 4 opinion .

The case now goes back to the district court in south Florida for a jury to decide if the owners were at fault by leaving the boat in the Bahamas.

The chain of events began in July 2019. Oakley, an experienced helmsman, sailed the yacht from its home port in Cape Canaveral, Florida, to the Bahamas, an 11-hour trip. He had just made $100,000 of upgrades to the boat and had it insured through SeaWave Yacht Insurance. The broker was USI Insurance Services. The policy was underwitten by Lloyd’s and the vessel was valued at $565,000, according to court documents.

At the end of the trek, Oakley docked the boat in the Bahamas and returned home to Florida.

A month later, on Aug. 23, Hurricane Dorian started churning through the Atlantic Ocean. Oakley had left the docked boat in the hands of two captains known as Lightbourne and McIntosh. They agreed with Oakley that the storm, although erratic, appeared to be headed to central Florida, mostly bypassing Abaco. They concluded that the Bahamas was the safest place for the yacht.

On Aug. 30, the storm, now an extremely powerful Category 5, suddenly turned south and slammed directly into the area where the Serendipity was moored. The boat was lost, the court said.

Lloyd’s denied Oakley’s insurance claim, asserting that the policy language included a captain warranty, requiring that a “full-time, licensed captain” be employed for the maintenance and care of the vessel and to be on board while the boat was underway.

The appeals court panel said the wording of the policy was ambiguous. It wasn’t clear if “full-time captain” meant a boatsman whose only job was to manage the Serendipity, or one whose regular job was skippering boats and the Oakley yacht was part of his or her duties.

Many Florida courts that have found that unclear or unspecific wording is injurious to an insurer’s arguments. But the appellate judges in this case said the language wasn’t ambiguous enough to sink Lloyd’s case altogether.

“In the end … the fact that the warranty may have been ambiguous does not save Serendipity LLC because under any reasonable interpretation of its text, Serendipity LLC failed to fulfill its obligations,” Chief Judge William Pryor and two other judges wrote. “Under any reasonable interpretation of the policy, Serendipity LLC was required to hire a licensed captain either to care for the Serendipity full time, or whose full-time job was as a licensed captain. Plainly, Serendipity LLC did neither.”

Oakley, who has had a number of business interests in Florida, including Encore Risk Management and property companies, said in deposition that he never hired a full-time captain.

“The full-time captain was me,” he said, agreeing that he was not licensed. That concession was fatal to one part of his claim, the court noted.

But an equally important question concerned an aspect of state law: In order to escape coverage, Lloyd’s had to show that the breach of the captain warranty sufficiently “increased the hazard” posed by Dorian, the court explained.

The insurer produced an expert witness, another seaman known as Capt. Danti, who testified that any licensed captain would have sailed the yacht back to Florida before Dorian hit the islands.

The lower court bought into Danti’s argument and found that Oakley’s attorneys had failed to rebut it. But the appellate judges disagreed, noting that the Serendipity team had, in fact, disputed Danti’s assertions. Some forecasts indicated it would have been more of a hazard to try and move the boat during a storm in the open sea, the boat owners argued.

Florida law is clear, the appeals court said: “A breach or violation by the insured of a warranty, condition, or provision of a wet marine or transportation insurance policy, contract of insurance, endorsement, or application does not void the policy or contract, or constitute a defense to a loss thereon, unless such breach or violation increased the hazard by any means within the control of the insured.”

The law is designed to prevent an insurer from avoiding coverage on a technical omission that plays no part in the loss, the judges said, citing previous court rulings.

Danti had referred to the Dooley SeaWeather report sometimes used by mariners to track storms at sea. But other weather reports forecast different paths for the wobbly storm. It should be left to a jury to determine the most credible reports, the 11 th Circuit panel noted in remanding the case to the district level.

Oakley and attorneys in the case could not be reached Wednesday for comment on the decision.

This is not the first time that federal courts have had to consider conflicting hurricane-path predictions and erratic storm movements in liability and property litigation. In 2021, one of the world’s largest construction firms, Skanska, argued that an obscure hurricane report had suggested that Hurricane Sally was not such a threat to 27 barges that later broke loose and damaged property along the shore of Pensacola Bay.

U.S. District Judge Lacey Collier found that most other forecasts had made it obvious that Sally was a danger and the barges should have been better secured.

Other storms in recent years have shown erratic paths, creating confusion and vulnerability for insureds and insurers. When Hurricane Ian struck the southwest coast of Florida in September 2022, it caught some, including government officials, by surprise. Earlier weather predictions had the eye of the storm moving more to the north.

Meteorology scientists have said that most hurricanes’ precise movements are difficult to predict. But as the oceans warm and human activity impacts the planet, new variables enter the equation. One study suggests that reductions in air pollution in the United States and Europe have led to more frequent cyclone activity in the North Atlantic.

Other research indicates that climate change is leading to slower-moving but more intense storms. Some storms, like Ian, may see rapid intensification, spinning up quickly from a tropical storm with relatively low winds to one with powerful gusts.

Photo: Stock photo of a yacht, not unlike the one at issue in the 11th Circuit decision.

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Written By William Rabb

Rabb is Southeast Editor for Insurance Journal. He is a long-time newspaper man in the Deep South; also covered workers' comp insurance issues for a trade publication for a few years.

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OMAC is hull insurance carrier for sunken yacht in Sicily

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What to Consider When Insuring Your Boat

Your dreamboat may be a sailing yacht, a family cruiser, or a large yacht with worldwide navigational capabilities. Regardless of its size or how you use it, you can more effectively protect your family and your investment with a thoughtful approach to insurance.

The variety of boats and yachts manufactured today can make choosing the right insurance seem challenging. The best first step is to consult an independent insurance advisor who understands maritime risk and has access to multiple insurance carriers—so you can get connected to the best-fitting solutions.

When it comes to choosing your insurance carrier, look for a few key options and services:

• A range of deductible options and various levels of liability coverage so you can choose the level of risk you’re most comfortable with
• Coverage that can be tailored to match your cruising itinerary
• Detailed recommendations for safeguarding your yacht from severe weather  
• In-house yacht experts who understand the complexities of yacht insurance and its unique liabilities and obligations
• Assistance in requesting crew background checks
• Referrals to safe harbor, dry dock, and repair consultations 
• Safety awareness material ranging from first aid, towing best practices and post-accident guidance as well as fire prevention and general safety advice

Owners of large yachts have all the same safety concerns as other boat owners, as well as more complex risk management concerns. For these larger vessels, you’ll want an insurance carrier that can help with:

• Thermography evaluation to detect leaks and abnormal conditions with electrical and mechanical equipment
• Crew first-aid, CPR, and Automated External Defibrillator (AED) training
• Onboard inspections of safety and security equipment
• Onboard art and wine collection management 
• Overseas security consulting to keep your family safe when traveling through higher-risk international waters, as well as guidance on specific ports of call
• Boat lift, dockage, and security reviews

Whether you’re buying a new boat or rethinking the insurance on your current vessel, there’s much more to consider than the cost of your annual premium. Work with your independent insurance advisor to get a complete picture of each insurance carrier’s capabilities and choose the option that will make you feel most at ease on the water.

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One80 Intermediaries’ watercraft Insurance programs span all types and sizes of boats and yachts

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Targeted classes, available coverages.

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Brissenden v. Seawave Yacht Insurance

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Sea Insure®

Sea Tow members can save up to 10% annually on select boat insurance policies.

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Sea Insure ® only insures boats, so they know exactly what boaters need. This specialized program is only available to Sea Tow members and is backed by Maritime Program Group , the marine boat insurance experts.

Sea Insure offers insurance policies that protect you, your family, and passengers, and of course your boat. The Sea Insure policy offers many coverages that you won’t find elsewhere. Additionally, the Sea Insure claims staff is made up of boaters who are standing-by to get you back on the water quickly, without any hassles.

Primary policy features include:

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Trademark Introduction RSC INSURANCE BROKERAGE, INC. Updated March 30, 2023 Mark Identification:   SEAWAVE YACHT INSURANCE Last Applicant/Owner:   Delaware · United States Serial Number:   Filing Date:   Registration Number:   3733891 Registration Date:   Status:   Registered And Renewed Status Date:   Case File Details Attorney Name:   Dawn Rudenko Attorney Docket Number:   134398.00075 Correspondent:   Dawn Rudenko Holland & Knight Llp Suite 1400 263 Tresser Blvd, One Stamford Plaza Stamford Ct 06901 Law Office Assigned:   (M30) Law Office 112 Current Location:   Generic Web Update Location Date:   Employee Name:   Pate, Tara J Mark Drawing Code:   (3) Words Plus Designs Last Transaction Date:   Published For Opposition Date:   Renewal Date:   Classifications Primary Class:   Insurance; Financial Affairs; Monetary Affairs; Real Estate Affairs. U.S. Classes:   Miscellaneous, Advertising And Business, Insurance And Financial International Class:   Insurance And Financial Case File Owner History PARTY NAME ENTITY TYPE PARTY TYPE NATIONALITY ADDRESS Case File Statements CODE DESCRIPTION Case File Event Statements DATE CODE DESCRIPTION Design Searches Documents ADDITIONAL LINKS Copyright © 2012-2024 · Bizapedia.com · All rights reserved. Yacht insurance provider OMAC is hull carrier for sunken yacht in Sicily, sources say Rescue boats return to Porticello harbor near Palermo, after they found two bodies, on Aug. 21, two days after the British-flagged luxury yacht Bayesian sank. ALBERTO PIZZOLI/AFP/Getty Images Yacht insurance provider OMAC is the carrier on the hull for the Bayesian, a 56-metre-long (184-ft) sailboat, that was hit by a ferocious storm on Monday, sinking off the northern coast of Sicily, two sources with knowledge of the matter said. The syndicates providing insurance include Travelers Companies Inc, Navium Marine and Convex, while British Marine is the protection and indemnity (P&I) insurance provider, the sources said. Reuters could not ascertain the value of the yacht or what the value of potential claims could be. Ships typically have P&I insurance, which covers third-party liability claims including environmental damage and injury. Separate hull and machinery policies cover vessels against physical damage. Convex declined to comment, while OMAC, Travelers, Navium and British Marine did not immediately respond to Reuters’ requests for comment. The British-flagged superyacht was carrying 22 people and anchored off the port of Porticello when it was hit by a fierce, pre-dawn storm on Monday. Fifteen people managed to escape the yacht before it capsized. Four bodies were found on Wednesday aboard the sunken wreck of the yacht belonging to the wife of British tech magnate Mike Lynch, sources close to the rescue operation told Reuters. The global yacht insurance market has faced significant challenges in recent years, largely due to natural disasters like Hurricane Maria in 2017 and Hurricane Ian in 2022, which devastated numerous charter bases and hundreds of yachts. In response, insurers have increased rates and reevaluated their guidelines and risk appetite. Insured losses in the market have mostly stemmed from hurricanes, severe storms, floods, and other weather events in North America, the Caribbean, and Europe, according to a report by broker Marsh. Report an editorial error Report a technical issue Interact with The Globe Kazan Russia — a thousand-year Russian city --> Kazan Russia memorable date - Tatarstan Republic Day: the origin and celebrations One of the most celebrated days in Kazan city is the Republic Day . It reflects both the old Russian and Tatar people customs and festivals and a new face of Kazan city. Crowds gather in the Kazan city stadium, located on the site of the old Tashayak Fair, to see the colorful spectacle: horse races, the national wrestling, the ingenious folk contests, such as the famous sabantuy, 'the celebration of the plough'. Kazan Russia - The Republic Day celebrations on the central stadium The crowds of Kazan city people that assemble to celebrate the Republic Day could be seen in earlier times only during the officially sanctioned manifestations organized for May Day and the anniversary of the October Revolution. But on the Republic Day the people who gather together whatever their ethnic origins, experience a new feeling of solidarity and common purpose. Besides Russians and Tatars , who are the most numerous, there are the Chuvash, Mari, Udmurt and Mordvin peoples and many others. Although in recent years there has been much emphasis on the renaissance of the Tatar nation and its culture . It should not be overlooked that, according to the statistics, every inhabitant of Kazan city is a partner in or comes from a mixed marriage Kazan has always been noted for the good relations among the people that make up its inhabitants. Despite all the national sporting events when, for example, on the ice of Lake Kaban the workmen of the Tatar settlement and the Sukonny quarter, located on opposite shore came out to try their strength in fist-fighting, the history of the few centuries has not known serious ethnically-based conflicts. Working together and sharing the burdens of life has always been common to the multi-national population. Strictly speaking, this comes at the beginning of summer, after the first hay-making but why not celebrate it again in August, at harvest time? The Tatar festivals mirror the people's adventurous spirit and their zeal for work. It should be mentioned that in the old days landowners along the Volga always tried to hire Tatar peasants for the harvest, not only because they were remarkable for their sobriety, but because they knew how to use two hands on the scythe. The Kazan city history says that prince Andrey Kurbsky who had distinguished himself during the capture of Kazan city , gave a rapturous description of the surrounding area. He said: "In that land there are big fields, exceptionally abundant and generous in their crops. There are also the beautiful courts of their princes and grandees, truly amazing. There are villages, and there is so much grain of all sorts that one cannot describe or believe it - it is as plentiful as the stars in the sky." The anonymous author of The History of Kazan city , who lived for a long time at the court of the khan, describes what he saw with similar wonder: "It is a beautiful place... rich in pasturage for herds, and rich for bees, bringing forth all types of grasses and abundant in fruit, full of wild animals, fish and all sorts of worldly goods; you cannot find another place like it for beauty and wealth in the whole of the Russian land, with such riches that I'm not sure any foreign lands have." Kazan Russia - The Republic Day celebrations: the national wrestling The multi-national culture of Kazan city is displayed at the Republic Day festival in its full spectrum: there is the Kazan Theatre of Fashion , which is almost unique in the world, musical ensembles playing on traditional instruments, the dramatised history under the open sky. At such breathtaking spectacles, when the stadium becomes a theatre, it is very clear that the greatest riches of Kazan city are the people who live there. For more information about Russia you may visit the following Russian cities, towns and regions guidebook © 2007—2012  Alex Grachov , Sergey Kozin . All rights reserved. Copyright/IP Policy . Pyramid of Kazan 387 IMAGES Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London COMMENTS Seawave Yacht & Boat Insurance Underwritten by Lloyd's of London The Atlass Seawave Yacht & Boat Insurance Program provides insurance coverage underwritten by Lloyds of London. The Seawave program is designed for the recreational boater and provides boat insurance coverage directly to yacht owners and insurance agents & brokers. This insurance program is designed for select North & Central American cruising ... Yacht and Boat Owners Insurance Inquiry The Seawave Yacht & Boat Insurance plan created exclusively by the Atlass Insurance Group provides insurance coverage underwritten by Lloyds of London. The Seawave program is designed for the recreational boater and provides boat insurance coverage directly to yacht owners and insurance agents & brokers. This insurance program is designed for ... Yacht & Boat Insurance Agents Inquiry The Seawave Yacht & Boat Insurance is suited to sail boats and power boats located and cruising in North America including the Bahamas, Caribbean, Mexico & Costa Rica. Seawave Yacht Insurance is underwritten by Lloyd's of London. The Seawave program is designed for the recreational boater and provides boat insurance coverage directly to yacht ... Sea Wave Yacht Insurance? Hi, I just received a very affordable quote for insurance on our 2002 Voyage 440. Has anyone had any experience with Sea Wave Yacht Insurance ? Thanks, Dave C Seawave Insurance Cruisers & Sailing Forums > Life Aboard a Boat > Boat Ownership & Making a Living: Seawave Insurance Click Here to Login: Register: Vendors. FAQ: Community: Calendar: Today's Posts: Search: Log in Thread Tools: Search this Thread: Rate Thread: Display Modes: 25-07-2016, 12:59 # ... Yacht Insurer OMAC Is Hull Carrier for Yacht Sunk Off Sicily, Sources Say Yacht insurance provider OMAC is the carrier on the hull for the Bayesian, a 56-meter-long (184-ft) sailboat, that was hit by a ferocious storm on Monday, sinking off the northern coast of Sicily ... 7 Best Boat Insurance Companies BoatUs - Best for Membership Benefits. Foremost - Best Insurance Packages. State Farm - Best for Boat Rental Insurance. Chubb - Best for Yacht Insurance. Markel Insurance - Best for Commercial Boat Insurance. National Boat Owners Association - Best Insurance Agency. Ad. Jury Should Say if Lack of Captain Raised Hazard for Yacht Lost in He had just made $100,000 of upgrades to the boat and had it insured through SeaWave Yacht Insurance. The broker was USI Insurance Services. The policy was underwitten by Lloyd's and the vessel ... OMAC is hull insurance carrier for sunken yacht in Sicily Yacht insurance provider OMAC is the carrier on the hull for the Bayesian, a 56-metre-long sailboat, that was hit by a ferocious storm on Monday, sinking off the northern coast of Sicily, two ... What to Consider When Insuring Your Boat When it comes to choosing your insurance carrier, look for a few key options and services: A range of deductible options and various levels of liability coverage so you can choose the level of risk you're most comfortable with. Coverage that can be tailored to match your cruising itinerary. Detailed recommendations for safeguarding your yacht ... Answer to Amended Complaint Answer to Amended Complaint - Due Date: Complete Date: Parties: Seawave Yacht Insurance; Certain Underwriters At Lloyd's London May 23, 2017. Read court documents, court records online and search Trellis.law comprehensive legal database for any state court documents. Boats & Yachts One80 Intermediaries' watercraft Insurance programs span all types and sizes of boats and yachts. Our comprehensive programs, deep coverage areas, and extended navigation solutions are able to answer to most every client demand. With nearly 25,000 boats and yachts protected under One80's programs, no other group has more experience, insight ... Brissenden v. Seawave Yacht Insurance (0:20-cv-60962), Florida Southern Seawave Yacht Insurance (0:20-cv-60962), Florida Southern District Court, Filed: 05/14/2020 - PacerMonitor Mobile Federal and Bankruptcy Court PACER Dockets PacerMonitor A Fitch Solutions Service Features Plans & Pricing About Sea Insure® Boat Insurance Boat Insurance Made EASY. Sea Insure ® only insures boats, so they know exactly what boaters need. This specialized program is only available to Sea Tow members and is backed by Maritime Program Group, the marine boat insurance experts.. Sea Insure offers insurance policies that protect you, your family, and passengers, and of course your boat. SEAWAVE YACHT INSURANCE The SEAWAVE YACHT INSURANCE trademark was assigned a Serial Number # 77747979 - by the United States Patent and Trademark Office (USPTO). Assigned Trademark Serial Number is a Unique ID to identify the SEAWAVE YACHT INSURANCE trademark application in the USPTO.. The SEAWAVE YACHT INSURANCE mark is filed in the category of Insurance & Financial Services . Amended Complaint On January 04, 2000 a Complaint,Petition was filed involving a dispute between Miami Beach Cruisers Llc, and Certain Underwriters At Lloyd'S London, Rolly Marine Service Company, Seawave Yacht Insurance, in the District Court of Miami-Dade County. Website Terms of Use Seawave Boat and Yacht Insurance underwritten by Lloyd's of London. Florida, Bahamas, and Caribbean Marine Insurance. Call +1 800.330.3370 for FREE Quote. GALILEA LLC v. AGCS MARINE INSURANCE COMPANY (2019) The yacht was insured by Seawave Yacht Insurance through May 7, 2015; on May 12, 2015, Petitioners executed the Pantaenius Insurance Policy ("Pantaenius Policy"), which insured the yacht through May 12, 2016. Id. Respondents are the named underwriters for the Pantaenius Policy. Cross-Pet. to Confirm Arbitration Award, Dkt. 29 ¶¶ 9-12. SEAWAVE YACHT INSURANCE TRADEMARK INFORMATION The Mark Consists Of A Wave Design Above The Words "Seawave Yacht Insurance" In Stylized Lettering. PM0001: Sea Wave Yacht Insurance: GS0361: Insurance Services, Namely, Issuing And Administering Property And Casualty Insurance For Recreational Marine Boats And Yachts: CC0000: Color Is Not Claimed As A Feature Of The Mark. D10000 "Yacht Insurance" Yacht insurance provider OMAC is hull carrier for sunken yacht in Yacht insurance provider OMAC is the carrier on the hull for the Bayesian, a 56-metre-long (184-ft) sailboat, that was hit by a ferocious storm on Monday, sinking off the northern coast of Sicily ... KAZAN the Capital of Tatarstan and Russia's Third Capital Kazan is the capital of Tatarstan one of Russias 22 Republics. It has a fascinating history from first being ruled by the Bulgars to the Mongols and now the ... Kazan Russia Tatarstan Republic Day celebration Kazan Russia memorable date - Tatarstan Republic Day: the origin and celebrations. One of the most celebrated days in Kazan city is the Republic Day.It reflects both the old Russian and Tatar people customs and festivals and a new face of Kazan city. Privacy Policy Seawave Boat and Yacht Insurance underwritten by Lloyd's of London. Florida, Bahamas, and Caribbean Marine Insurance. Call +1 800.330.3370 for FREE Quote. Kazan Kazan. Pyramid of Kazan. Location: Tatarstan, Russia Function: recreation center Owner:Size: 98 ft (30 m) high Architects:Opened: December 2002 Reference:Cost:Occupants: The largest recreation center of Russia was opened in December 2002 and has everything that you need for relaxation. It's 98 ft (30 m) high and the total area is 147,500 sq ft ... 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