Foremost Insurance Co. v. Blue Streak Enterprises, Inc.

DUPLANTIER, Judge.

We affirm the trial court’s decision that a boat owner (or his subrogee) who pays a monthly fee for use of a boat slip in a marina cannot recover for the loss by theft of his boat moored in the slip, in the absence of proof of negligence on the part of the marina operator.

As did the trial judge, we reject appellant’s contention that a depositary relationship existed between the marina operator and the boat owner; they were merely lessor and lessee.1 The boat owner paid a monthly fee for the privilege of mooring one or more boats in the space in the marina and for using…