Can I let the emergency brake off of my neighbors Porsche and claim salvage rights? Otay just trying ... GO In a message dated 7/2/2008 11:28:51 A.M. US Mountain Standard Time, paint4real@aol.com writes: It turns on whether the vessel is in "peril."? As indicated on this tow service's page, http://seatow.com/boating_safety/salvage.asp, groundings or even a dead battery might qualify, under the circumstances.? Even a towage arrangement can evolve into a salvage claim, as in one case where a tug's towing hawser parted, in a full gale, which immediately put the towed vessel in peril and, so, reestablishing the tow entitled the tug to a 55% salvage award.? (If interested and with access to West's Federal Reporter, the case is at 199 F.2d 600 -- which is to say, it's not anecdotal.? Entitled, "Waterman S.S. Corp. vs. Shipowners & M. Towboat Co.) The unmanned boat adrift in nonperilous conditions is a situation equally as tough to nail down.? Still looking . . . -----Original Message----- From: Richard Everett <rick@skyko.com> To: montgomery_boats@mailman.xmission.com Sent: Wed, 2 Jul 2008 12:33 pm Subject: Re: M_Boats: Salvage Wouldn't the tow operater be in your employment if you pay them for a tow, thus making you the owner the person with rights to the "salvage"? I would think any lawyer worth his salt could argue something like that at any rate. Do you have a link to a case where this tow service actually won a boat they had been paid by the owner to tow? Also, in the other case, what would prevent someone from untying the dock lines on any particular boat they wish to *salvage* and waiting for it to drift out? I don't think that practice would be much out of the reach for someone who is willing to steal a boat via salvage anyway. "Another salvage topic...here in Florida there is a tow service (S_aT_w) well known for making salvage claims on private yachts when called for only a tow. Salvage law is very clear about how this can happen without the owner knowing or being told until after the fact. Insurance companies even endorse this practice because they feel it saves money over paying for a total "loss". Essentially, the tow operator only has to make a decision on whether the boat could be in peril if he doesn't tow it to safety. He doesn't have to get permission or even tell the owner about a salvage claim before or during the tow...it's totally up to the boat owner to ask before the tow and it doesn't matter who tossed the tow line. Bill P." _______________________________________________ http://mailman.xmission.com/cgi-bin/mailman/listinfo/montgomery_boats _______________________________________________ http://mailman.xmission.com/cgi-bin/mailman/listinfo/montgomery_boats **************Get the scoop on last night's hottest shows and the live music scene in your area - Check out TourTracker.com! (www.tourtracker.com ?NCID=aolmus00050000000112)