Insurers seek to question Vermont man about his mother’s death at sea

Aug. 08--PROVIDENCE -- Lawyers for insurance companies denying the claim of a Vermont man who was rescued at sea in September are seeking to question him about the deaths of his mother and his grandfather.

National Liability & Fire Insurance Co. and the Boat Owners Association of The United States are arguing that the actions or inactions of Nathan Carman with regard to the death of his mother, Linda Carman, and the unsolved murder of his grandfather, John Chakalos, are relevant to the sinking of the 31-foot aluminum Chicken Pox, court documents show. The companies want to explore whether those deaths were "potentially" motivated by Carman's possible $11-million inheritance.

The companies have sued Carman in U.S. District Court in Rhode Island, and are asking the court to determine that the capsizing of Chicken Pox should not be covered because it was intentional.

Carman has denied the allegations. He charges in a countersuit that the companies are breaching the terms of the "all risk" insurance policy he took out on the boat that requires they pay more than $83,000. They accuse the companies of using "bait and switch" tactics and deceptive practices.

Lawyers for the two sides met Monday with U.S. District Court Magistrate Judge Patricia A. Sullivan about the scope of Carman's questioning. They refused to comment on the results of the chamber conference.

Linda Carman, 54, and then-22-year-old Nathan Carman disappeared Sept. 18 after leaving Ram Point Marina in South Kingstown to fish near Block Island. Nathan Carman was rescued a week later by a passing freighter off the coast of Massachusetts after spending days adrift on an inflatable life raft. His mother, who remains missing, is presumed dead.

According to the insurers' lawsuit, Carman reported suddenly discovering that the bilge was nearly full of water and the pumps were not working about 75 miles offshore. He told his mother to reel in the fishing lines and never saw or spoke with her again. Carman never radioed for help.

The suit says that Carman was examined under oath in December, during which he testified that he replaced one of the pumps the day before they departed and opened up four silver-dollar-sized holes in the transom near the water line that he filled with epoxy.

The insurer argues the policy was canceled because Carman "measurably increased" the risk that the boat might sink.

"Carman knew the boat was unseaworthy when it departed Ram Point Marina," they wrote.

Lawyers for Carman argue that the companies must cover the loss of his 1974 JC 31 Cruiser, because it was an accidental sinking.

They are refusing to let Carman -- who family members say has Asperger's syndrome, a form of autism -- be questioned further about the insurers' allegations.

Carman's lawyers also have asked Sullivan to weigh in on what amounts to a "fundamental difference" between the parties about the scope of discovery in the trial.

Carman's family has sued him in New Hampshire, accusing him of killing his mother last year and his grandfather in December 2013 to collect inheritance. He has denied any wrongdoing.

With wire reports

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