On December 9, 2022, the M/V DAGGA BOY was damaged by a fire while moored at the dock for repairs. Dagga Boy, LLC (hereinafter “Dagga Boy”) owned the vessel. Accelerant Specialty Insurance Co. (hereinafter “Accelerant”) insured the vessel. Dagga Boy contends that the fire damage resulted in a total loss of the vessel.
On May 25, 2023, Dagga Boy filed suit against Accelerant because, according to Dagga Boy, notwithstanding well-supported and proper proof of loss, Accelerant persisted in denying payment on the claim.
Dagga Boy moved to exclude any testimony from Revel Boulon, Accelerant’s expert marine surveyor, contending that his report was not timely produced under the Court’s scheduling order. Dagga Boy also moved to exclude Boulon based on his qualifications and the reliability of his opinions.
Marine Survey Expert Witness
Revel Boulon is a certified marine surveyor, accredited by the Association of Certified Marine Surveyors, with over 14 years of experience as a licensed chief engineer onboard motor yachts.
Discussion by the Court
Boulon was appointed to provide an expert statement with regard to the manufacturer’s requirements as related to the fire extinguishing equipment on board the subject vessel.
Boulon noted that the manufacturers adopt standards from the National Fire Protection Association (“NFPA”). The NFPA requires “semi-annual service and inspection” of “clean agent” systems like the yacht’s Fireboy system, and “maintenance at intervals of not more than 1 year” for portable fire extinguishers. Boulon also cited the applicable Coast Guard regulations which require the same fixed and portable equipment to be inspected or tested “at least once every 12 months.”
Moreover, the Court declined to exclude Boulon on the basis of timeliness given the non-traditional procedural posture of the consolidated cases. The Court, once again, declined to exclude Boulon under the principles of Daubert. The issues that Dagga Boy raises go to the weight of the evidence and will surely be the subject of vigorous cross examination.
Held
The Court declined the motion to exclude any testimony offered by Revel Boulon.
Key Takeaway:
In conclusion, a marine surveyor with Boulon’s experience as the chief engineer aboard motor yachts is qualified to evaluate and report, after the fire, about the yacht’s fire-suppression system.
Case Details:
| Case Caption: | Accelerant Specialty Insurance Company V. Dagga Boy Llc |
| Docket Number: | 2:23cv2796 |
| Court: | United States District Court for the Eastern District of Louisiana |
| Order Date: | August 13, 2024 |
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