(Florida) My Loose Boat Damaged Fence

[jleeo]

What is the name of your state? Florida

During recent hurricane, my properly tied up boat broke free from the wind and crashed in to a seawall and fence. The seawall came through pretty well, but the fence above it was torn up pretty badly.

Am I liable for repairs? My insurance agent says the owner of the fence is out of luck since this was an "act of God" and since I was not negligent (I did my best to tie down), I have no liability.

That sounds wonderful, but I am concerned the owner of the fence will still want compensation. If their fence had ripped off the wall and hit my boat, I sure would expect them to accept the responsibility.

Just wondering if the insurance company is trying to avoid payment and/or legal action.What is the name of your state?

[ecmst12]

If their fence had hit your boat, it's likely you'd be just as SOL as they are.

If they do try to sue you for the fence, your insurance company has a duty to defend you. If the fence-owner were to win, your insurance would pay the settlement up to your policy limits. But it's not likely it would get that far...lawsuits are expensive so if your insurance company thought that there was even a possibility that you'd be held liable by a court for this, they'd try to make settlement with the other guy. Since they're flat out not even offering him anything, they must be pretty confident that he has no case.

[teflon_jones]

This is an act of god so god is liable. The owner of the fence can try suing god and see if they can get him/her to pay for the fence.