Marina Boat Storage Subrogation: Navigating Storage Agreement Exculpatory Clauses

On Friday, August 19, a huge fire ripped through the historic and family-owned Mattapoisett Boatyard in southern Massachusetts, a short distance south of MWL’s Boston office. The fire destroyed five buildings, three dozen cars, and countless expensive boats.

Continuous explosions and fuel from the boats left the property a complete loss, making subrogation efforts difficult for the countless insurers who will be called on to make good on the property losses and repair the marina. And there will be subrogation.

Mattapoisett Fire Chief Andrew Murray and State Fire Marshal Peter Ostroskey has told us that the fire was most likely caused by the ignition of gasoline vapors during the replacement of a boat’s gas tank.

Recovery of the damages for the expensive boats stored at the boatyard might not be that simple, however.

The biggest obstacle we come across when subrogating large marina fires isn’t the difficulty of sifting through tons of ash and debris to find a ‘smoking gun’ and a cause -- it’s the storage agreement the boat owner signed years ago and has long since forgotten.