Tank Insurance???

[Beverly]

I am sure most of you know about or seen the pictures of my tank blowout. I called Sate Farm, this morning,(Monday) and I was told that on a Renter's Policy nothing is covered from my aquarium damage. NOT EVEN MY PERSONAL PROPERTY, IE. SOFA, LOVESEAT, ENTERTAINMENT CENTER, COFFEE TABLE ETC....

Now, don't get me wrong, I am not a sue happy person that always wants something for nothing. I had one person tell me that I must be from another planet to expect more than a replacement tank and when you go to a baseball game, you don't sue the player that hit you in the head with a ball while up to bat. OK, I understand that, but, when I go to a baseball game....I take my glove. I expect for that to possibly happen. When I bought this tank, maybe I should have put buckets under to catch my fish and coral just in case the bottom glass decided to fall out.

I am new to the hobby and I am truly at a loss for words. So, now not only is the store that sold me this P.O.S. tank(TEXAS TROPICAL), the manufacturer of the tank (OCEAN ATLANTIS..AKA- AQUATREND), and MY OWN insurance company (STATE FARM) NOT worth a darn. I guess it is a hard lesson learned, but it seems to me there could be something I can do. Maybe change insurance companies??? Does anyone have any info on this? Do I need to buy some type of supplement for an aquarium? Yes, I could try to sue, this guy has already said he'll close shop, which still doesn't resolve the problem because he'll set up shop somewhere else.
Just looking for some ideas! Thanks

Oh, btw, PLEASE, be honest. If you think I am asking for too much...say so. No hard feelings. Just want others thoughts from the outside, a different perspective!

[safeuerwehr]

IMO, you are not asking for too much...this was a brand new tank and I'm sure it didn't have a "use at your own risk" label on it or limits of liability plastered on it like most other things....baring most common sense things one does not expect a new tank to just fall out like yours did...and to have the manufacturer or retailer blame you for it, like you purposely flooded your house and ruined your personal belongings.

Alfred

[ansonluna]

I work for USAA as an insurance agent. Now, I don't work claims, but I issue policies. Renters policies only cover your personal belongings in the event they are damaged due to named perils. (i.e. - fire, theft, wind, etc...). Your renters policy would cover your fish tank itself, however only if it is damaged as a result of the named peril...let's say a plane crashed into your house causing damage to your aquarium. The insurance will cover the cost of the new one, but not any of it's contents...our (USAA's) polices specifically exclude animals from being covered. Additionally, your other personal property was damaged as a result of an accident, also unfortunately not covered. That I am aware of...there are no policies one could purchase to cover such a loss.

Now getting the store that sold you, or the company that manufactured, the tank to compensate you are more likely to happen. Good luck!

[captexas]

Not sure on the renter's insurance, but I thought I had heard that you could get it added to home owner's insurance. Doubt they would cover water damage these days due to the mold escape clauses they created. I would be all over the tank manufacturer though if it is a brand new tank. I don't care if he does threaten to close up shop, he is still responsible.

[Ram_Puppy]

If we never have to hear about a tragedy like this on MAAST again, it will be a great thing. I feel for you man. I recently had a top off line just 'keep going' because some how, lord knows, it came off the tank where it was clamped in place and started filling the apartment, not the sump. it kept going for at least 2 days before anyone noticed...

so I am currently paying for my downstairs neighbors new cieling, carpet, and walls (all the dry wall and insulation was unrecoverable.) I have only myself to blame in this situation.

the only saving grace was it didn't ruin any furniture or wiring. whew!

so I for one, would love it if someone thought up a way to insure our aquariums and the damage they do.

IMHO, and I could be wrong, but while many stores are run out of love of the hobby, TT is run as a pure business enterprise (at this point in time) I have had so much bad advice from them over the years, that i never really started having great success until I stopped listening to them and struck out for info on my own. I can't blame them for this, it was/is true of all the 'older' stores in san antonio (the first one i went to was 'the wet pet'.

What i really take issue w/ in this situation, is that everyone knows aquatrend tanks are garbage, the stores know it, people here know it (You know it now) yet they sell them. Oceanview makes a great tank, you should be safe w/ that now, if you can afford to fill it back up.

[caferacermike]

I'd get with the others that had the same problem with the relative or same company as your tank manufacturer and do a "class action" type suit were you all sue. Strength in numbes. I was thinkiong this after reading the thread that mentioned the others being built from inferior glass. If you win a civil judgement you might be able to have a lien put on the fellow so that any future business ventures might pay out. I had 4 motorcycles stolen once and we found who did it. Of course they were all ruined. The fellow did 2 years time and when he came out he was ordered to find employment or return. The Judge garnished his wages.

[Ram_Puppy]

true, and remember, as a small busines, the only way he can limit his liability is to be a corporation.. i bet hes not.

[MattK]

true, and remember, as a small business, the only way he can limit his liability is to be a corporation.. i bet hes not.

I bet he's not either. The vast majority of small businesses (some 70 percent) adopt the sole proprietorship legal structure. A sole proprietorship lacks some of the advantages of other legal forms. For example, there are no limits on the owner's personal liability- that is, the owner of the business has unlimited liability, and thus his or her personal assets can be taken.

I say get testimonials from others who experienced the same traumatizing disaster and take him to small claims court ($5000 max). If he closes shop, he still has to pay. ;)

[Ram_Puppy]

righton... and not to be harsh, but hopefully you will put him out of business and keep others from experiencing this.

I bet if you post on MARSH you can get some people there as well.

[jroescher]

You have to read the fine print of your insurance policy!! It's what they give you AFTER you buy the policy. They take your money, then come up with lots of ways to not have to pay you.

[Beverly]

jroescher....you are so RIGHT !!! Unfortunate, but right. Oh yeah, and the offical name of the business, Ocean Atlantis Aquarium Designs, INC. So, this means that the INC. basicly sucks for me, right?
I posted on MARSH the night the tank broke and have been updating them on their fellow tank maker! Very supportive people!!!

[safeuerwehr]

Hey Bcusack1, check with the Texas State attorney generals office, they may have some advice for you...also it wouldnt be a bad idea to check into the corporation and if this company is infact incorporated....

[mathias]

also the better buisness burue... if he is a member which I doubt...

[MattK]

He's not, I already checked.

[Ram_Puppy]

he's probably not incorporated, that cost money, nothing prevents him from putting the INC on the name.

[Beverly]

So What does this mean for me?

http://ecpa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search_Nm=Ocean%20Atl antis%20Aquarium%20Design%20&Button=search&Search_ ID=32002201328

[captexas]

Says "Not in good standing" so his paperwork may not have been approved.

[SaltyJim]

Part of the rules of incorporation are that you are to name officers for the company. Even if all are the same person, they must be filed that way, at least in TX. You have a right to incorporate in any state, as long as you have representative agency there. What you have looks like the tax filing status for the branch of the incorporation that happens to be in Texas and therefore falls under the same tax rules. Just because they have a "franchise" here, does not mean they are incorporated in TX.

It's not that expensive to incorporate anymore. Take a look at this to see rates... State Fees for Incorporation (http://www.corporate.com/state-fees.htm). For a mere $80 plus administrative fees, you can be incorporated in Oregon.

But, since it does not look like they have not filed taxes for a while, the Comptroller will probably start freezing company assets anyway.

[GMFett]

I have renter's insurance for my 600 gallon tank since that would be a hell of a lot of water on the ground. When i signed up for it, I told them that if the tank busts I need all of my belongings and the house to be covered. I got what they called a "water filled furniture clause" added- covering water beds, aquariums, etc. Everyone should make sure you have this on your policy. Had i not made it clear why i got the insurance- i would be just as clueless as everyone else.

hth

Marcus

[GMFett]

KIN T HUI
14841 PRESTON PARK DR
HOUSTON, TX 77095

Atleast you can send him a certified letter telling him you are filling suit against him...

[JeremyGlen]

If it is a corporation, you will be entitled to first dibs on assets if you sue and he closes. If it is not truely incorporated, he is completely liable for everything and you can take his house if the damages are that much. Take him to court for the entire damages and then some if you can. At least get your court costs covered as well as replacement for everything that was furniture, flooring, tank, stand, etc. I doubt you will be able to get the contents of the tank covered, unless you have photo proof that you had it at the time of self-destruction.

Like I said, if it is a corporation, under the law you will be first in line to get the assets of the company to sell at auction to recover damage. My dad has been going through this with a company that he "invested" in and co-signed a note for. Go in guns blazing, sounds like he won't know what hit him.

[Hotrod32487]

Yeah, stick it to the man!

[jroescher]

A lack of anything better for me to do at the moment, so here's what you get.

What you can't sue for:


Personal property with an aggregate fair market value of $60,000 for a family and $30,000 for an individual is exempt from garnishment, attachment, execution or other seizure. Personal property includes hime furnishings, clothing, tools, equipment, motor vehicles, pets and farm animals on hand for consumption. However, this exemption does not prevent a secured creditor from seizing his collateral. Wages, alimony, separate maintenance, and progessionally prescribed health aids are not included in the aggregate limitations for personal property. A debtor can designate what personal property is exempt from seizure.

Wages are not not subect to garnishment in Texas, except for the enforcement of court ordered child support. Alimony, support and separate maintenance payments received may not be garnished. However, the IRS can garnish watges for back taxes and default on federally guaranteed student loans.

A really simple view of the Texas Property Code Sec:42. You would really need a real lawyer's advice.

Everything you ever wanted to know about Texas Law, for when you need something to put you to sleep.
http://tlo2.tlc.state.tx.us/statutes/statutes.html

[Beverly]

GMFett,
Who do you have insurance through and how long have you had it? Just got off the phone with State Farm and they have said that, "things have changed in the past two years and that option is no longer avaiable."
I explained to these guys that I still have 2 tanks and NEED insurance to cover them or any damage created by them, regardless of why, breakage, flood, fire etc....
They said and I quote, "Good luck finding that under RENTER'S, NOT GOING TO HAPPEN."
Anyone out there with renter's that has coverage, please let me know. Thanks!!!

[GMFett]

Allstate can take care of you.