Legal considerations for the Fire on dive boat Conception in CA

[ChrisM]

Would the waivers have been on the Conception, or left/emailed/uploaded ashore?

I would think collected and left at the shop. The boats berth right outside the local SB office on the pier

 

[chillyinCanada]

Pretty tone deaf of the owners to file paperwork when one of the lost souls has yet to be recovered.

Must be done, not tone deaf just needs be

Sadly, a fact of life, as it were

 

[bigDave]

A necessary evil that won’t go over well with the general public.

It won't go over well with much of their customer base, either.

 

[ChrisM]

It won't go over well with much of their customer base, either.

Not all. I am their customer base and I think it’s smart. It sucks that they have to but I don’t think any worse of ownership

And as a disclaimer the insurance company hires lawyers and are now for all intents and purposes running the show. The attorneys have what’s called a tripartite relationship in that they represent the interests of both the insurer and insured. Truth will have a “cooperation” clause requiring them to cooperate with the defense, and I doubt there is a consent clause requiring Truth to agree to settlement terms. Truth basically has no say in this filing FWIW

 

[chillyinCanada]

It won't go over well with much of their customer base, either.

My hope is that general public and members and customer base consider that it had to be done regardless

 

[Wookie]

A necessary evil that won’t go over well with the general public. But I would assume they would need to win the race to the courthouse to establish the primacy of this lawsuit over any other previously filed civil lawsuits. And we all know there is at least one complaint that is probably already drafted for wrongful death.

As I recall the sundiver did the same with drifting dan but don’t think they were successful after o believe an appeal or two

Drifting dan was gross negligence

 

[ChrisM]

Drifting dan was gross negligence

Agreed but that is a question of fact for later. the first salvo was the same here I believe

Court’s Order denying dan carlock’s motion to dismiss Sundiver Capt’s maritime lawsuit to limit liability (Note it’s a procedural motion not on the merits )
In re Arntz, 380 F. Supp. 2d 1156 | Casetext

 

[Joneill]

California dive boat owners file lawsuit to avoid liability after deadly fire

 

[ChrisM]

California dive boat owners file lawsuit to avoid liability after deadly fire

To be fair, once the claim was tendered to the carrier the carrier hired defense counsel and will be making all of the essential decisions. Truth will have a cooperation clause requiring it to cooperate with the defense. So it isn’t a case where the owner has made this decision. It’s the insurance carrier trying to limit massive payouts.

Not saying right, wrong or otherwise and yes the suit is filed in Truth’s name. Just the realities of insurance defense

 

[Ron Lee]

California dive boat owners file lawsuit to avoid liability after deadly fire

You have to wonder if with this mindset they will do nothing to reduce future risk should a similar event happen again.