Fighting Denied Boat Damage Claims

At Vargas Gonzalez Delombard, our seasoned insurance dispute attorneys know the tactics insurers use to deny or undervalue claims. With extensive experience, legal acumen, and a client-focused approach, we can help you challenge wrongful denials and maximize your recovery. Don't let an insurance company dictate your financial future—book a consultation with us today to protect your rights.

What Does Boat Insurance Cover?

Boat insurance typically covers damage caused by accidents, weather events, theft, vandalism, and liability for injuries or property damage. Coverage varies by policy but may include:

  • Collision Damage: Repairs or replacement if your boat collides with another vessel or object.
  • Comprehensive Coverage: Protection against non-collision events like theft, fire, or severe weather.
  • Liability Coverage: Covers injury or property damage claims from third parties.
  • Uninsured/Underinsured Boater Coverage: Protects you if another boater causes damage but lacks adequate insurance.
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Why Might My Boat Damage Insurance Claim Be Denied?

Policy Exclusions

Boat insurance policies contain specific exclusions that limit coverage. Insurers may claim that the type of damage sustained falls under an uncovered event, such as normal wear and tear, mold, or improper storage. For instance, many policies exclude damage caused by freezing temperatures unless the boat was winterized correctly. If your claim is denied due to an exclusion, carefully reviewing your policy language and consulting with a lawyer can help clarify whether the denial is justified.

Failure to Maintain the Boat

Insurance companies expect boat owners to perform routine maintenance. If an insurer determines that the damage was due to neglect—such as failing to repair a small leak that later caused extensive water damage—they may deny the claim. For example, in a case where a boat sank due to corroded bilge pumps, an insurer could argue that the owner failed to maintain the vessel properly, making the damage avoidable.

Lack of Proper Documentation

Insurance companies require substantial proof when processing a claim. Missing key documents such as repair estimates, receipts for maintenance, photographs of the damage, or an official incident report can result in delays or outright denials. For instance, if a boat sustains damage due to a collision with another vessel and no police or marina report is filed, the insurer may question whether the incident occurred as claimed.

Allegations of Fraud or Misrepresentation

Any inaccuracies in your claim, even if unintentional, can lead to denial. Insurance fraud is a significant concern for providers, and they may reject a claim if they believe there are inconsistencies in your statement, exaggerated repair costs, or conflicting accounts of the incident. For example, if a boat owner claims storm damage but the insurer discovers that the vessel was in an area unaffected by severe weather at the time, the claim may be denied.

Disputed Cause of Damage

If an insurance company disagrees on the cause of damage, they may deny your claim. For instance, if you file a claim for hull damage after a storm but the insurer determines the damage was due to gradual deterioration rather than sudden impact, they may argue that the issue falls under general wear and tear, which is often excluded from policies. Additionally, insurers sometimes send out independent adjusters whose assessments may conflict with your claim.

Colorado Laws Protecting Boat Owners From Unfairly Denied Insurance Claims

In Colorado, boat owners are protected by robust laws designed to ensure fair treatment from insurance companies. The Colorado Unfair Claims Settlement Practices Act prohibits insurers from engaging in deceptive or unfair practices, such as misrepresenting policy provisions, failing to promptly acknowledge communications, or denying claims without a reasonable investigation. These regulations mandate that insurers act in good faith and deal fairly with policyholders, providing transparency and accountability in the claims process.

The Colorado Division of Insurance (DOI) plays a pivotal role in enforcing these laws. Policyholders who believe their claims have been unjustly denied can file a complaint with the DOI, which has the authority to investigate and impose penalties on insurers found in violation. This regulatory oversight ensures that insurance companies adhere to fair claim settlement practices, thereby safeguarding the rights of boat owners throughout the state.

What Can I Do if My Boat Damage Insurance Claim is Denied?

  • Review Your Policy: Begin by thoroughly examining your insurance policy to understand the specific coverages, exclusions, and conditions. This will help determine whether the denial aligns with the policy terms or if there's a basis to dispute it.
  • Request a Detailed Explanation: Under Colorado law, insurers are obligated to provide a clear and specific reason for claim denials. If the denial letter lacks detail, formally request a comprehensive explanation in writing. This documentation is crucial for any subsequent appeals or legal actions.
  • Gather Additional Evidence: Strengthen your case by collecting all pertinent evidence, such as photographs of the damage, repair estimates, maintenance records, and any incident reports. This information can counter the insurer's reasons for denial and support your claim's validity.
  • File an Appeal: Most insurance policies include an internal appeals process. Adhere to the specified procedures and deadlines outlined in your policy. Present a well-organized appeal letter that addresses the reasons for the denial and includes the additional evidence you've gathered.
  • Consult a Lawyer: If the internal appeal doesn't yield a favorable outcome, it may be time to seek legal counsel. Colorado statutes, specifically C.R.S. §§ 10-3-1115 and 10-3-1116, protect policyholders from unreasonable denial or delay of claims. These laws allow you to file a lawsuit against insurers acting in bad faith, potentially entitling you to recover attorney fees and double the amount of the denied benefit.
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How a Boat Damage Insurance Claim Lawyer in Denver Can Help

An experienced insurance claim lawyer can:

  • Analyze your policy to determine coverage and potential bad faith practices
  • Gather crucial evidence to support your claim
  • Negotiate aggressively with insurers to secure a fair settlement
  • Pursue legal action if the insurer refuses to pay what you’re owed

With the proper legal representation, you improve your chances of a successful claim resolution.

Why Choose Vargas Gonzalez Delombard as Your Boat Damage Insurance Claim Lawyer in Denver?

At Vargas Gonzalez Delombard, we understand that dealing with a denied boat damage insurance claim can be frustrating and financially draining. Insurance companies often prioritize their bottom line over fairly compensating policyholders, using complex policy language and legal loopholes to justify denials. Our legal team is dedicated to protecting the rights of boat owners and ensuring they receive the coverage they’ve paid for. We have successfully helped numerous clients recover full and fair compensation after being wrongfully denied coverage for boat damage. Whether your claim was rejected due to a policy exclusion, disputed cause of damage, or insurer misinterpretation, we have the resources and expertise to challenge unfair decisions.

Importantly, VGD prioritizes clear communication, transparency, and dedication to every client. We keep you informed at every step of the process, ensuring you understand your legal options and rights. Our team is always available to answer your questions and provide updates on your case. The insurance company has legal teams working against you. Level the playing field with experienced attorneys on your side. Call Vargas Gonzalez Delombard today for a free consultation, and let us fight for the compensation you rightfully deserve.

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