Who is right?

   I agree that collision should be avoided - there is no evidence and I don't believe that the Cat made no effort to do so. 
Most of the 'Cat was in the wrong' brigade (morally or otherwise) are assuming he could have luffed behind the B14. But bearing in mind the B14 never saw the Cat, isn't it more likely that the Cat was in fact crossing more in front of the B14 than behind him? In that case where do you suggest the Cat goes? Especially as until the last second he could reasonably assume that the B14 was going to bear away behind him!
In the end, the windward boat has no chance in a protest or in an insurance wrangle.
We have way too many assumptions and what ifs to actually know the truth here. 

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Hector Send Private Message Find Member's Posts Visit Member's Homepage Really should get out more Joined: 10 May 04 Location: Otley, Yorkshire Online Status: Offline Posts: 750	Post Options Post Reply Quote Hector Report Post Quote Reply Topic: Who is right? Posted: 16 Nov 05 at 3:13pm
	I agree that collision should be avoided - there is no evidence and I don't believe that the Cat made no effort to do so. Most of the 'Cat was in the wrong' brigade (morally or otherwise) are assuming he could have luffed behind the B14. But bearing in mind the B14 never saw the Cat, isn't it more likely that the Cat was in fact crossing more in front of the B14 than behind him? In that case where do you suggest the Cat goes? Especially as until the last second he could reasonably assume that the B14 was going to bear away behind him! In the end, the windward boat has no chance in a protest or in an insurance wrangle. We have way too many assumptions and what ifs to actually know the truth here.

Noble Marine Send Private Message Find Member's Posts Visit Member's Homepage Posting king Joined: 09 May 05 Location: Newark, Nottinghamshire Online Status: Offline Posts: 126	Post Options Post Reply Quote Noble Marine Report Post Quote Reply Posted: 16 Nov 05 at 3:38pm
	I have been asked to comment from an insurer’s perspective. We would usually (although there may be occasions when we might not) agree with any decision made by a protest committee. If no protest meeting was held we would judge the situation as described by both parties, and any witnesses, in order to assess liability as per the Racing Rules. There have been situations where some blame could be attributed to both boats and a settlement agreed with both parties (or their insurers) each paying a proportion of the repair costs. Taking this specific case from the situation described, it would seem to me that the B14 was in the wrong. However, if it could be proven that the catamaran could have taken avoiding action, but did not, then some blame lies at their door. As we only have one side of this story it is impossible to guess exactly what the catamaran did, or did not do.
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