Andrew Martinez: Federal judge rules against Nathan Carman’s $85G boat insurance claim

Nov. 4--A federal judge in Rhode Island has ruled against Nathan Carman in a civil suit, saying his insurer doesn't owe Carman $85,000 over the sinking of Carman's 31-foot boat in 2016 in which Carman's mother, Linda Carman, was never seen again and presumed dead.

"The Court finds that Mr. Carman's boat was unseaworthy when it left Rams Point Marina on September 17, 2016 because he improperly repaired the holes he created by removing the trim tabs, and he compromised the boat's stability by removing the bulkheads," federal judge John McConnell's Monday decision states. "The unseaworthy state of the boat brought about by the faulty repairs, at least indirectly caused it to sink."

National Liability & Fire Insurance Co. and the Boat Owners Association of the United States argued they didn't owe Carman a claim because he made the improper repairs the day before the boat sank near Rhode Island.

Nathan Carman is the sole heir of Linda Carman, a daughter of real estate tycoon John Chakalos who owned a share of Chakalos' estate after he was killed in 2013.

Sisters Valerie Santilli, Elaine Chakalos and Charlene Gallagher unsuccessfully tried in a New Hampshire court to block Nathan Carman's share of the estate, alleging Nathan Carman shot the 87-year-old John Chakalos in December 2013 "out of malice and greed" in his Windsor, Conn. home. The sisters also believe Nathan Carman was responsible for his mother's death.

Before the federal bench trial, McConnell rejected the inclusion of alleged evidence related to the killing of John Chakalos. Police named Nathan Carman as a "person of interest" in Chakalos' death.

National, the insurance company for Nathan Carman's boat, denied his claim in 2017 after investigating the "unusual nature" of the claim, including the fact Carman was alone at sea on a raft for days after the sinking and the boat was never recovered, McConnell's state of facts said.

The contested Exclusion D in Nathan Carman's policy states there is no coverage for any losses or repairs caused "directly or indirectly by incomplete, improper or faulty repair."

McConnell concludes Nathan Carman made two specific mistakes with his repairs -- he removed the bulkheads, which would cause the boat to flood with no air pockets, and made poor repairs to transom holes by not using fiberglass as an exterior seal.

"Having four holes in the back of a boat lends itself to taking water on," McConnell wrote. "It is more likely than not that this improper repair at least indirectly caused water to fill up the bilge, causing the boat to sink."

Carman's attorney, Richard Humphrey, did not immediately respond to a request for comment.

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