Federal Judge Divides Insurance Proceeds in Maine Fishing Boat Tragedy

January 7, 2022

A federal judge has divided almost $1 million in insurance proceeds between the families of four fishermen who died in 2020 when a fishing boat sank in high seas off the coast of Massachusetts.

U.S. District Judge John Woodcock awarded each crewmember’s estate $126,201. The men had five minor children entitled to a portion of the insurance money and the judge divided $455,085 among the children for loss of support and loss of nurture based on their ages. Older children were awarded less and younger children more, according to the judge’s order and a local news report.

Some money also was used to reimburse one family for memorial expenses. The splitting of the insurance benefits had to be decided in federal court under the Death on the High Seas Act and maritime law. The families had sought further damages, but the judge cleared the boat owner of liability, and said that the insurance policy payout was limited to $960,000.

The sinking gained widespread attention in the news media, partly because a cause for the sinking was not determined. The 82-foot Emmy Rose left Portland, Maine, on Nov. 18, 2020. Three days later, the boat issued an emergency signal but the crew made no distress calls.

The crew was Capt. Robert Blethen Jr., 41, of Georgetown; Jeffrey Matthews Sr., 55, of Portland; Ethan Ward, 23, of Pownal; and Michael Porper, 38, of Gloucester, Massachusetts. They were never found although the boat has been located, intact, on the sea floor.

The owner of the vessel, Boat Aaron and Melissa Inc., said there was no problem with the boat when it headed out to sea, calling the vessel “seaworthy, tight, staunch, strong, and fit.”

The National Transportation Safety Board is still investigating, according to news reports. The insurance carrier was not named in the judge’s order.

Topics Legislation Maine

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