A year and a half after the Menemsha fire, insurance claims for fishermen and recreational boat owners who suffered property losses remain unsettled.
About 40 people have filed claims through the town and the U.S. Coast Guard, which owned the historic boat house that was lost in the massive fire on July 12, 2010. About half have received no reimbursement.
Chilmark town administrator Timothy Carroll said most who filed claims suffered losses between $10,000 and $20,000 each. But because the cause of the fire was found to be “undetermined” after a six-month investigation, insurance companies say they are unable to pay for the losses.
A year ago this week, state and local investigators closed the investigation into the fire, which destroyed the boathouse and most of the surrounding pier system that is owned by the town. The pier has since been rebuilt and the Coast Guard is now working on plans to rebuild the boathouse sometime in the next two years.
Mr. Carroll explained this week that the town buys marine liability insurance through a group purchasing company, Massachusetts Interlocal Insurance Association, which then subcontracts the risk insurance. A year ago the insurance company sent out a marine surveyor to examine the boats damaged in the fire and their worth. The insurance company has said from the beginning that if no cause was determined there would be no benefits, and that reality hit home three weeks ago when boaters began to learn the hard truth: They would not be compensated for any damages.
Last week the Chilmark selectmen voted to renew the $1 million marine liability policy, which covers collision, oil spill, and personal injury, but does not cover boats in rented slips or commercial boats that tie up to the dock. If the town is sued and found negligent the policy would provide coverage for individuals up to the $1 million limit. The town cannot insure boats that do not belong to the town. Boat owners are responsible for their own hull and personal liability coverage, the two components of special watercraft policies.
But most small commercial fishermen do not carry this type of insurance, although some carry minimal liability insurance through their homeowner’s policy. The rest have no coverage.
Chilmark does not require boat owners or commercial fishermen to carry liability insurance; Chilmark selectman Warren Doty said yesterday there has been no discussion to change that policy. In some other towns, including Edgartown and Oak Bluffs, commercial fishermen are required to have proof of insurance when they seek permission to use a town docking facility.
If the town or the Coast Guard had been found at fault in the fire, insurance claims would be paid through their respective policies. For example, Mr. Carroll said, if the town were found responsible for the fire, it would be obligated to pay for the Coast Guard’s new $10 million boathouse slated for construction in the fall. And if the Coast Guard were found responsible, it would be obligated to pay for the new $1.5 million town pier, completed last spring and paid for by town taxpayers.
Mr. Doty said he was disappointed that many boat owners, especially small fishermen who earn their living from their boats, will not be compensated for their losses.
“Take Stanley Larsen as an example,” Mr. Doty said. “He had a boat tied up to the proper place, he wasn’t tied up to our dock, he lost all that equipment and he got no help from anybody to replace it and he didn’t do anything wrong at all — his boat was just there.” He continued: “It wasn’t his negligence and that’s true for half a dozen people, most fishermen don’t insure a scallop skiff . . . those boats were lost in the fire and destroyed and there was no help getting to replace it and that just seems wrong, but that’s what happened.”
Wayne Iacono, a Menemsha lobsterman, had losses totalling $36,000 in the fire, including damage to his lobster boat and the complete loss of his scalloping boat. Mr. Iacono was notified three weeks ago that he would not be getting any reimbursement.
“The town’s insurance company decided they weren’t liable,” he told the Gazette yesterday. “There doesn’t seem to be any compensation . . . we all filed claims with the Coast Guard, it doesn’t look like they’re claiming responsibility either. It seems like everyone is strung out there.”
Mr. Iacono carried liability coverage for damages such as collision or oil spill, but he said the deductibles were too high for marine insurance.
“I don’t think anyone has [that] insurance . . . except for the private boat owners, but all of the commercial guys — nobody did,” he said.
Mr. Iacono said he hasn’t recovered financially yet but has put the loss behind him. He said he received some help from the Menemsha Fisheries Development Fund for new radar equipment, but his scalloping skiff is gone and he cannot afford to buy a new one.
“There’s no way you could afford it,” he said. “I would have thought out of the good will of Homeland Security, it would have been a drop in the bucket for all of this.”
For now, Mr. Iacono has fixed up an old boat he had in his yard.
“It’s nothing like my other one,” he said. “It’s sad, sad.”
Recreational boat owner Michael Renehan had a different experience. Mr. Renehan’s boat was severely damaged by smoke in the fire, but he was carrying a marine insurance policy that covered it. He said he filed a claim with his insurance company (Akadia Insurance) and within two weeks had a check for $10,000. He said the policy, which covers about $120,000 in damages, cost him $1,000 a year.
“It’s short money,” Mr. Renehan said. “It’s so crazy to not have insurance on a boat. The people who did have insurance who had losses were well rewarded.”
And he criticized the town for not requiring boat owners to carry insurance.
“The town of Chilmark is extremely negligent by allowing boats of all sizes, shapes and colors to tie up to any municipal property without insurance,” he said. “You can’t go to New Bedford or Vineyard Haven or Fairhaven and tie your boat up unless you have proof of insurance. It should be the law. These people who tied boats up in Menemsha without having insurance are leaving their doors wide open.”
Meanwhile, the Coast Guard has yet to make a final decision on the insurance claims it has received. In a statement, Coast Guard spokesman Lieut. Joe Klinker said the government agency is still working with claimants “to ensure the packages and all of the information in them is complete.” The claims are handled under one incident package.
“The incident package includes 10 different claims and multiple investigations,” said Susan Steiner from the Coast Guard’s Legal Service Command in Norfolk, Va., in the statement. “With an incident this important and of this magnitude, it’s not unusual for the processes to take several months.”
Comments (3)
Comments
Comment policy »