Our partners continue to obtain winning results for our clients:
Pat McAleer won a week long bench trial on behalf of a marine insurer in consolidated cases involving gel coat “crazing” on two yachts. Five expert witnesses provided extremely technical testimony. The Court held that the terms of the marine insurance policies did not cover the crazing pursuant to the applicable latent defect exclusion and that the damaged gel coat did not result in any quantifiable loss or damage to the yachts’ underlying fiberglass laminate layers. Standard Fire Insurance Co. v. Andrade, D. Mass. Civil Action No. 09-10500-MLW (2013) and Standard Fire Insurance Co. v. Goodman, D. Mass. Civil Action No. 10-10506-MLW (2013).
Dave Smith represented a tug and barge company in a breach of a time charter party for failure to pay hire. The Delaware River charterer counterclaimed for breach of charter party and breach of the implied warranty of workmanlike performance. The Court granted the tug and barge company’s summary judgment motion and held the charterer in breach, awarding hire based on all outstanding invoices plus 18% charter party prejudgment interest. In a subsequent order, "considering the high quality of counsel’s written and oral advocacy in this action," the Court awarded the tug and barge company all of its attorneys’ fees and costs too. Smith Marine, Inc. v. Kyle Conti Construction LLC, D. Mass. Civil Action No.11-11537-LTS (2013).
Dave Farrell won a summary judgment
motion denying insurance coverage and then a bench trial
on the underlying claim. At issue was a ballast water flood causing $1 million damage to a dry-docked Navy cargo ship. The shipyard alleged our client, which was subcontracted to do sea valve repairs, was solely at fault for the flood. First, the shipyard’s claim to additional assured status under our client’s insurance policy and the shipyard’s state law bad faith claim were denied based on a prior indemnification agreement that trumped the shipyard’s online terms and conditions. Second, with our opponents' mid-trial settlement demand from our client remaining at $1 million, the ship operator was found 75% liable after trial. Boston Ship Repair, LLC v. Starr Indemnity & Liability Co. and North Point Marine & Industrial, Inc. v. Ocean Ships, Inc.,
997 F.Supp.2d 118,
2014 AMC 1426 (D. Mass. 2014).
Overcoming a forum selection clause requiring District of Massachusetts litigation, Dave Farrell
prevailed on a change of venue motion and transferred a shipowner’s limitation of liability proceeding
to the Southern District of New York following a tug and barge’s allision with the Brooklyn Bridge. In re Sterling Equipment, Inc.,
D. Mass. Civil Cause No. 12-11681-RGS (2013).
Pat McAleer won a summary judgment motion
denying insurance coverage to a recreational boat owner whose tardy claim for purported damage to the lower unit of his I-O engine was time-barred
pursuant to the terms of the applicable Yacht Policy, as amended by state law. Murphy v. Standard Fire Insurance Co.,
Quincy, MA District Court Civil Action No. 201256CV1215 (2013).
Obtaining default judgments from the charterer of a barge and its hull underwriter, Dave Farrell
collected proceeds from a Lloyd’s syndicate for the charterer’s constructive total loss
of the barge in Florida. Cashman Equipment Corp. v. Konga Marine Logistics, LLC and Pembroke Underwriting, Syndicate 4000,
D. Mass. Civil Action No. 12-11395-RGS (2013).
Transactions & Vessel Arrests
Representing the foreign buyer of a mega yacht, Dave Smith
successfully closed its purchase and sale, which took place offshore, providing tremendous savings for our client who thereby avoided sales and use tax consequences.
In another successful transaction, Dave Smith
prepared all necessary contract documents enabling a ferry operator to charter a high speed ferry with an option to purchase for $1.00 USD at the end of the charter term.
Providing maritime counsel and drafting expertise, Dave Farrell
assisted a Massachusetts company’s General Counsel in the purchase and sale and short sea shipping of petroleum from Texas to Connecticut.
On behalf of a marine lender Pat McAleer,
coordinating with the United States Marshals Service and a capable Substitute Custodian, arrested a custom sailing yacht hours prior to its leaving the country for foreign waters. The opportune in rem
arrest afforded the client the leverage necessary to enforce the terms of the applicable preferred ship mortgage and also obtain additional security.