top | item 30209599

(no title)

k3oni | 4 years ago

As i read it the insurance company reimbursed the crew that found the gold, and the insurance company owned the gold as well as they paid the original owners of the ship for their loss(but you can't own something that you don't have), they had to reimburse the crew that found it for their work/expenses etc. I might be wrong but that's what i got from the OP's story.

discuss

order

brimble|4 years ago

I read it the same way you did, but I'm confused that paying out insurance gives the insurer a stronger claim to property than buying something. Is a wreck at the bottom of the sea only still someone's property if that someone is an insurer?

soneil|4 years ago

My very lose understanding is that finding a wreck doesn't confer ownership. It confers salvage rights, and if the owner doesn't compensate for salvage (or the assumed costs of salvage), you get to keep what you salvage in payment.

So when there's no-one who can make a legal claim, and is willing and able to cover your costs - it starts to look a whole lot like "finders keepers". But if there's a clearly defined owner, and they're able to meet your costs, you have no right to keep it.

(For a clearer example - if someone gives your boat a tow, they can't refuse your payment and keep your boat, that'd be absurd. But if you refuse to pay they can recover those costs. Adding a few hundred years in doesn't change this, it only makes proving ownership more complex.)

So as I understand it - when the insurer compensates the owner, they assume ownership of the property. You can't lose something, claim insurance, then find it, and keep both property & payment. So when it comes to salvage - if the insurer can prove ownership and cover costs, it's their property.