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QUESTION:

I have a question concerning the physical damage insurance coverage on my boat. The policy defines the phrase “caused by” quite broadly, stating that it means “any loss that is contributed to, made worse by, or in any way results from particular peril in question. The policy then goes on to exclude coverage for “any loss caused by wear and tear, gradual deterioration, galvanic corrosion, lack of maintenance, fiberglass osmosis, blistering or marine life.” I interpret this to mean where a sinking or other catastrophic loss is “caused by” the failure of a small part due to one of the listed exclusions, the entire claim will be denied. I also read somewhere that most policies will cover the resulting damage from the failure of a small part, even if the part itself is not covered. Can you clear this up for me?

David Weil is the managing attorney at Weil & Associates (www.weilmaritime.com) in Seal Beach.

He is certified as a Specialist in Admiralty and Maritime Law by the State Bar of California Board of Legal Specialization and a “Proctor in Admiralty” Member of the Maritime Law Association of the United States, an adjunct professor of Admiralty Law, and former legal counsel to the California Yacht Brokers Association. If you have a maritime law question for Weil, he can be contacted at 562-7995508, through his website at www.weilmaritime. com, or via email at dweil@weilmaritime.com.

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