Page 26: of Marine News Magazine (November 2012)

In a case arising out of Hurricane Opal, a marina facility recovered expenses against an insurer for raising sunken vessels which were leaking oil. The facility was told orally by the USCG to clean up the oil from its storage tanks and the sunken vessels, which it did. The insurer attempted to exclude its liability as to third party vessel removal costs and the court found that under the circumstances the facility was under a duty to raise the unidentiÞ ed and identiÞ ed vessels to stop the discharge of oil and that it was sort of a de facto responsible party even though it was never ofÞ cially designated by the state or USCG. Facilities can protect themselves by knowing who the owner of the vessels are that frequent their facility and requiring proof of insurance and full contact details for the owner. A prudent facility should make sure or require that vessels are properly marked and identiÞ able under a state, federal, or international scheme, which demonstrate registration, USCG or IMO numbers while at the facility. AVOIDING THAT SINKING FEELINGThe moral of this story is to act fast to mark and then remove a sunken or wrecked vessel, work closely with the insurer and government agencies to mitigate the loss and remove the vessel and if a facility, exert some quality control as to who you let into your facility, including proof of ownership and insurance so as to reduce your exposure É so you do not get that sinking feeling. LEGALMatthew Valcourt is a Partner with Fowler White Burnett P.A. and focuses his practice on maritime law. He handles all types of marine-related litigation and holds a USCG Unlimited Chief Mate and 1600 Ton Masters License. He is Board Certi ed in Admiralty and Maritime Law, is current Chair of the Florida Admiralty Law Committee and serves as a director to the Massachusetts Maritime Academy Alumni Association. He is a member of the Maritime Law Association, and the Southeastern Admiralty Law Institute. 26 MNNovember 2012MNNov2012 Layout 18-31.indd 26MNNov2012 Layout 18-31.indd 2611/7/2012 1:42:05 PM11/7/2012 1:42:05 PM