Dive boat accident involving Dive tech and Cathy Church boat

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High season and a boat out of the water for a while will have a huge impact on Divetech's business. Their other boat will be packed and/or they will be losing clients and dollars through no fault of their own. I feel badly for Divetech owners, staff and customers. I'm glad there were no injuries but somehow, ramming a moored boat in open water is not "complicated or miscommunication", it's negligent. Res ipsa loquitur.


I wonder if they could rent a boat in the interim? Even if they are able to recoup financial losses, it probably won't cover lost business and dissatisfied customers because they are missing a boat.
 
I wonder if they could rent a boat in the interim? Even if they are able to recoup financial losses, it probably won't cover lost business and dissatisfied customers because they are missing a boat.
Good thing they have the new Newton....
 
Who, Cathy?

No. I am sure she will have to pay before or after it gets adjudicated in court. I was thinking more of Divetech having money to cover the loss of business until they could collect from Ms. Church or her insurance. Though I wonder if the insurance covers her in case of negligence? Maybe that is why she is trying to split hairs over terminology.
 
No. I am sure she will have to pay before or after it gets adjudicated in court. I was thinking more of Divetech having money to cover the loss of business until they could collect from Ms. Church or her insurance. Though I wonder if the insurance covers her in case of negligence? Maybe that is why she is trying to split hairs over terminology.
Negligence is what the lawyers/courts find. If you fall down the boat's stairs, the boat is negligent as they didn't prevent the conditions that made you fall, regardless of the real reason you fell. That's what insurance is for. Gross negligence is a different story. Gross negligence is when you do something that you could have completely prevented. Backing over a diver is a good example. If you run over a diver, you are grossly negligent, as 1) you should have known better and 2) it was completely preventable.

Failure to maintain a proper lookout is negligence. Leaving the operating station while underway is gross negligence. My insurance company (when I was in the dive boat business) insured me against my own negligence. They didn't have to insure me if I was grossly negligent.
 
Yeah, that is what I was thinking. Insurance covers you for "accidents". They don't generally like to cover you for deliberately stupid actions.
 
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