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Lake Michigan SuRF Newsletter - LMSRF

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On another note, as a few of the umpires observed, the need for <strong>LMSRF</strong> to provide teams for 8 of the slots in this<br />

regatta was a great opportunity for <strong>LMSRF</strong>, but does not seem to bode very well for the future of the Richardson<br />

competition and YRUGL. Next year it will be key for other lake associations to work to fill their competitor team<br />

allocations for the 2013 Richardson Trophy Regatta as they have in the past.<br />

The Chicago Match Race Center did a top professional job as host for this event. Race Committee staff were cream<br />

of the crop from the Chicago Yacht Club. Chief Umpire was Canadian David Pelling, IU. Umpires traveled from<br />

Montreal, Toronto, St. Petersburg, Oakcliffe NY, Alberta, Detroit and Chicago to serve. Overall, a terrific regatta!<br />

Detailed results and photos for the event are available online at http://www.chicagomatchrace.com<br />

1. Don Wilson, Chicago Match Race Center <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Jen Wilson, Tod Reynolds, Sally Barkow, Erik Shampain<br />

2. Nathan Hollerbach, Chicago Match Race Center <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Adam Hollerbach, Mike Rehe, Stephanie Roble<br />

3. Terry McLaughlin, Royal Canadian Yacht Club <strong>Lake</strong> Yacht Racing Association John Millen, Andrew McTavish, Mark Robertson<br />

4. Sam Rogers, <strong>Lake</strong> Minnetonka Yacht Club <strong>Lake</strong> Superior Yachting Association Bora Gulari, Sam Rogers, Matt Woodworth<br />

5. Steve Lowery, Chicago Match Race Center <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Rory Lewis, Dierk Polzin, Mori Matias<br />

6. Ben Marden, Chicago Corinthian Yacht Club <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Mike Schroff, Augi Hernandez, Jacob Karlin<br />

7. Lars Hansen, Wayzata Yacht Club <strong>Lake</strong> Superior Yachting Association Jon Noller, Rod Komis, Josh Bone<br />

8. Michael Whitford, Chicago Yacht Club <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Sean Palizza, Dustin Domer, Matt Arntzen<br />

9. Hans Pusch, Chicago Match Race Center <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Mike Hoey, Patrick McMatch, Tyler Woodworth<br />

10. David Niemann, <strong>Lake</strong> Mendota Yacht Club <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Mark Johnson, David Gorwitz, Kevin Campbell<br />

11. Peter Holz, Chicago Yacht Club <strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation Andres Soriano, Carter Kenehan, Rick Graef<br />

GUILTY PROTEST FINDING AND REFUSAL TO PAY FOR THE SMASHED BOAT<br />

by Glenn McCarthy<br />

Fortunately this article will only apply to a tiny fraction of you, but is still important to remember if it ever occurs<br />

to you. There have been four circumstances that I have learned of over 25 years where racers, when found guilty<br />

in a protest hearing, have refused to pay for the damages to the innocent party's boat. They don't take calls, mail,<br />

email or submit the claim to their insurance company. What has occurred is that the innocent party then must<br />

submit the claim to their insurance company, and pay their deductible out of their own pocket, in three of these<br />

cases, the deductible has been North of $5,000. By filing the claim with their insurance company, they turn over<br />

the subrogation rights (all attempts to recover all funds) to their insurance company. At first they thought they'd<br />

be able to keep their insurance companies out of it.<br />

In two of the cases, what the innocent parties did was to write their own insurance company and ask for the<br />

subrogation rights to be returned to them (since the insurance company gave up their attempts<br />

by having all of their requests to the guilty party being stonewalled, too). What they found is, that<br />

the total cost of the loss (between $15,000 and $30,000) is not worth the insurance company’s<br />

time or effort to sue to recover those funds. The insurance company will spend more on lawyers<br />

than they'll recover from the guilty party, even if they are 100% successful. After receipt of the<br />

letter from the insurance company regaining subrogation rights, the innocent parties filed Small<br />

Claims Court Lawsuits. Now back in the day, the maximum recoverable in small claims court in<br />

Illinois (refer to your own State) was $5,000. What occurred was that in both cases the guilty party immediately<br />

turned this lawsuit for damages in to their boat insurers. Finally, some movement! Their boat insurers came<br />

through with the total amount of damages, not just the $5,000 maximum of small claims. This allowed the boat<br />

owner to get all of their deductible returned to them and for their insurance company to get full recovery of what<br />

they had paid out. In Illinois today, the maximum amount recoverable in Small Claims Court is $10,000.<br />

Sometimes it just takes a little extra motivation to get some people to do the right thing. Hopefully it never<br />

happens to you.<br />

<strong>Lake</strong> <strong>Michigan</strong> Sail Racing Federation 4 November 2012 <strong>Newsletter</strong>

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