Page 34: of Marine News Magazine (November 2015)

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INSURANCE have to pay thousands of dollars in out-of-pocket funds to vestigation continued. Both towboat pilot and tanker master ‘prove’ their innocence. Indeed, there are countless examples were sent for drug and alcohol tests which proved negative of this reality that play out every year – like the one described for both. Two days later, the towboat pilot, who had a license below – especially within the realm of inland workboats. defense insurance policy belatedly noti? ed license his insur- er of the incident. An experienced local maritime attorney,

A C P quali? ed to represent him in both administrative (license)

OLLISION IN ASSING

On a clear summer afternoon with good visibility, a steel- and civil (lawsuit) proceedings, was immediately assigned to hulled, 170 foot diesel-powered towboat was pushing four him. He made initial contact with the insured pilot minutes loaded barges downbound on the Mississippi River. When later and a lengthy, detailed conversation took place between it became necessary, the pilot of the towboat contacted the them. As a result of that conversation, a CG2692 (Report of master of an upbound tanker to arrange a port-to-port Marine Accident, Injury or Death) form was completed and passing. The tanker’s master agreed to the passing but, dur- promptly submitted to the Coast Guard.

ing the course of the maneuver, the privileged downbound On that same day, the towboat pilot’s employer brought ? otilla was struck by the upbound tanker. The collision a civil action in U.S. District Court claiming that “the colli- resulted in the sinking of two barges and their cargo and sion damage resulting from this incident was not caused or additional damage to the push boat. The tanker sustained contributed to by any fault or negligence by the navigators damage to its port ballast tank but, despite taking on wa- of the (towboat) or unseaworthiness of her ? otilla, but was ter, was able to continue to a secure docking facility. caused by the negligence of the navigators of the (tanker)

The U.S Coast Guard immediately responded to the acci- to properly control their ship…” The suit alleged that “the dent scene and took verbal statements from several involved plaintiffs have sustained damages for the loss of (two barg- parties, including the pilot of the towboat and the tanker’s es), their wreck removal, loss of cargo, loss of use and other master and advised both to expect further contact as the in- expenses presently estimated at $1.5 million, together with

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