Lloyds of London syndicates or any insurance company require information that they can point to when denying an insurance claim. Our claim denial was based on false statements and suppositions in a report written by John Koon and witnessed by Larry Montgomery. We also believe that Larry Montgomery withheld exculpatory evidence. It is our belief that they are both guilty of marine surveyor ethics violations defined by the organizations (ACMS & NAMS) they belong to.
We decided to pursue professional consequences against both of them. Hopefully, they will be held accountable for their actions which has caused us to experience this unjustified nightmare .
John Koon’s Ethics Violations
We have multiple credibility issues with John Koon. He is the surveyor who wrote the “damage” survey filled with false statements and unsupported assertions. He lists the following memberships on his bio/CV
- Society of Marine Surveyors, SAMS, (marine surveyor associate)
- Association of Certified Marine Surveyors (accredited marine surveyor)
However, his name is not on the SAMS website. Per an individual at SAMS he has never been a member of SAMS. This is a significant mis-representation of credentials. We identified this (and other) credibility issues to ProSight and Hill Dickinson. They apparently ignored them because they continued to accept the findings in his report.
Below is the Code of Ethics for members of CMS, which John is a member of.
We believe that the phrase “honest appraisal” exposes him to a marine surveyor ethics violation due to the numerous factually incorrect things stated in the report he created. Therefore, we filed a violation complaint on the ACMS website on John Koon.
We contacted the ACMS after the filing. They received the complaint, but their expulsion procedures are not based on the significance of the violation. They follow the “three strike rule” and would not disclose the number of violation complaints he has so far.
Larry Montgomery – Ethics Violations
Larry was the Lloyd’s agent assigned to our claims. He is also a NAMS (National Association for Marine Surveyors) surveyor
The NAMS Code of Ethics is broader than the ACMS. They have a grievance procedure. The procedure involves a board who reviews the complaint and makes a decision based upon the facts and evidence presented.
Examples of Larry’s Ethics Violations
We believe that Larry has violated the code on numerous counts. Here are some examples.
- We believe he was not truthful when he told us that the purpose of the survey by John Koon was to “determine a best practice repair“. The report that we received later stated the purpose was to determine the cause of the dismasting. We were not in attendance during the survey, as a result of Larry’s mis-representation. A flagrantly erroneous survey resulted which was the basis for the claim denial.
- We believe Larry was not truthful and objective when he allowed the factually incorrect survey report be turned in. There were basic things within the report that any surveyor should have recognized as an error. Especially one who was on site when the survey was done.
- We believe Larry was not being truthful and objective when stating to us that he concurred with our surveyor’s findings and would report his findings. These findings were in direct contradiction to the John Koon report. To the best of our knowledge did not report his revelations and admissions to ProSight, LJJ Associates or Blue Water Insurance. Larry withheld exculpatory evidence
- We believe he was not being truthful and objective from the beginning when he repeatedly told us that we would be made whole again by the insurance company. He should have known he did not have that authority to state the things he did. HIs statements caused us to have mis-placed trust.
- We believe Larry took a position contrary to his own knowledge or opinion for a direct gain. By providing reports that they used to deny our claim and withholding evidence, he promoted his likelihood of getting future business with ProSight, LJJ Associates and Blue Water Insurance.
As a result we filed a complaint with NAMS and are waiting to hear from them.