Nathan Carman Case: Boat Insurance Company Lawyers Ask Court To Compel Response

NARRAGANSETT, RI

Lawyers for the insurance companies with the policy on Nathan Carman's boat, Chicken Pox, filed papers in Providence federal court on Monday. The lawyers say he is not cooperating with their investigation. After Carman gave a deposition several months ago, he was supposed to review his testimony for accuracy and make changes, as needed. However, he has failed to do so and argued through his attorney that he should not have to compare his memory to a 5.5 hour deposition that delved into questions "outside the scope of discovery" in this case.

National Liability & Fire Insurance Company and Boat Owners Association of the United States have denied Carman's claim for the loss of his boat. Carman says it should be paid. The Chicken Pox sank and his mother Linda was lost at sea after they left Point Judith on a fishing trip a year ago. She is presumed dead. He was He was rescued after spending days on a raft.

According to Carman's lawyer, Carman bought the policy in December 2015.
"In December 2015 Defendant Nathan Carman purchased All Risk, Agreed Value, Hull, and P&I insurance from the Defendants covering his recently purchased 31 Ft. recreational fishing vessel. In September 2016, while on a fishing trip with his mother, Mr. Carman’s 31ft recreational fishing vessel sank. As a result of this sinking, Mr. Carman’s mother drowned and the 31 ft. recreational fishing vessel was permanently lost. After spending roughly a week at sea in an inflatable life raft, Mr. Carman was rescued by a passing merchant vessel. In October 2016 Mr. Carman asserted a hull claim against the Plaintiffs arising from the sinking loss of his vessel. In November the Plaintiffs advised Mr. Carman that his claim would be accepted, and then for some undisclosed reason, Plaintiffs reversed their position."

But the company said earlier it wasn't an accident the boat sank.

"Based on the following facts from his Examination Under Oath (“EUO”) testimony, plaintiffs will show that the sinking of Nathan Carman’s boat was neither accidental nor fortuitous because he had previously removed a structural bulkhead from the boat, because he had previously determined the boat’s “stuffing box wasn’t sealed to the hull properly,” because he never determined the boat’s aft bilge pump functioned correctly, and because several hours before departing from Ram Point Marina he removed the boat’s trim tabs and thereby opened four half dollar sized holes in the hull near the waterline and did not fill them in a satisfactory fashion, and then after he claims he “suddenly discovered the bilge was nearly full of water…Carman neither radioed for help nor activated the boat’s EPIRB” although he was a few feet from both his radio and EPIRB three different times while “[p]reparing for the possibility of abandoning ship.”

The lawyers also asked him to "produce all documents (including but not limited to The Private Bank or other statements, credit or debit card bills, and store receipts), reflecting your purchase of any fishing gear and other portable items not appurtenant to the boat aboard it when departing Ram Point Marina September 17/18, 2016."

According to papers filed today, Carman objected to that request, then said he would comply. He has not produced the documents, however.