||Dragonfly dismasted 400 miles south of Hawaii
||Dragonfly arrived in Honokohau Harbor in Hawaii (Friday)
||Claim reported to Don Spink of Blue Water Insurance (Monday)
||Follow-up with Mark Spink of Blue Water Insurance says he is identifying a adjuster in Hawaii.
||Larry Montgomery, the Lloyd’s agent, conducts field survey to develop a scope of work.
||Scope of work completed by Larry Montgomery
||Larry Montgomery and John Koon (local surveyor and planning to submit a repair bid) go on board for inspection to insure a “best practice repair“
||Two repair estimates from companies in California are submitted as required by policy
||First expense report submitted to Blue Water Insurance(no response)
||Repair estimates submitted from Hawaii companies.
||Receive copy of John Koon’s report (70 days after being on board) and discover the real intent of the “survey”
||Al flew to HI to move Dragonfly From Big Island to Oahu (Ala Wai Harbor) and returned on 8/24
||Al provided an initial response to Larry Montgomery identifying false facts and unsupportable suppositions in John Koon’s report.
||Al provided a detailed response to John Koon’s report.
||Jill provides to Larry a 2nd detailed expense report. Larry replied “excellent job”
||Larry states that “the Underwriters are prepared to settle on an “unrepaired” basis….”
||Settlement offer submitted to Larry, who says it is fair and reasonable.
||Larry states that they will consider the expenses and requested an updated list.
||Updated expenses were provided and acknowledged by Larry.
||Wayne Scott, (the broker from LJJ) says the Underwriters will consider expenses “When the expenses are received in a clear fashion, then and only then can they be submitted for consideration”. Larry and Wayne never provided a form or suggestions on changes to what had been submitted. Larry submitted same documents again. No response on the settlement offer.
||Informed that Hill Dickinson (UK solicitor) was hired by ProSight. Stating that their intent is to “resolve, narrow any points in dispute, by an expert in the field” and “not a hostile action”
||Wayne Scott provided us the Hill Dickinson input. They accepted John Koon’s report as fact, and twisted actions. Clearly a hostile action.
||We reply that we will be responding through our counsel.
||Hired solicitor (Daniel Crockford), surveyor (Bill Trenkle), vessel designer (Kurt Hughes) and oceanographer (Mike Leneman) completed
||Discovered new exterior damage and theft on board
||Survey by Bill Trenkle (SAMS surveyor, International Marine Investigator)
||Larry Montgomery conducted on-board review of Bill Trenkle’s findings. Damage & theft claims submitted
||Submitted the response to Hill Dickinson, requested response within 30 days
||Hill Dickinson requested more time to respond
||Received the claim denial from Hill Dickinson.
||Informed that the theft and damage claims had to be submitted through our solicitor by Wayne Scott.
||Filed complaint against LJJ and ProSight via Lloyds of London’s
||ProSight acknowledged complaint receipt and promised to respond soon
||Followed up to see if they would respond by the deadline – 7/14/17
||Received a copy of the complaint response sent to Crew’s Mess dated June 6, 2017. They instructs us to go to Indiana Department of Insurance.
||Submitted complaint to Financial Ombudsman Service (FOS) as advised by Daniel Crockford, UK solicitor
||Call to FOS prompted our complaint to become “active” and assigned to an investigator
||ProSight admits that the processing of the claim took longer than anticipated and offered a £5000 settlement. We refused as it didn’t begin to cover the expenses
||ProSight provided their response to FOS in a format that will take a long time to enter into the system. FOS asked us to be patient.
||Submitted complaint to Indiana Department of Insurance (IDOI). The IDOI did not know if they had jurisdiction.
||Received email from David Northcott, a FOS adjudicator stating that they did not have jurisdiction because it was a US based policy and we were pursuing with IDOI
||IDOI states that they have no jurisdiction
||FOS adjudicator acknowledged that the policy was written in UK and only paid for in the US. States that he needs to consult an expert to determine if they could review it. He said it was a very unique situation.
||FOS contacts the Society of Lloyd’s (SOL) to have them explain why the FOS should not investigate the complaint. Requested a response by 11/21/17
|| Society of Lloyd’s does not respond… we continue to wait.
||Filed ethics violation complaints with NAMS and ACMS against Larry Montgomery and John Koon for errors and omissions.
| 19 mths
||David Northcott, follows up to let us know that he has not heard from the Society of Lloyds. We learn that the US procedure was effective for policies written AFTER 1/1/17 and Lloyd’s acknowledges the FOS’s authority over all territories in a instructional handbook for their agents.
||The Society of Lloyds has agreed that we should go through Stage 2. Therefore they will review the complaint. If we don’t agree with the result it will go back to the FOS. Case handler to be assigned soon.
||Not so fast….. The Lloyds International Complaints Department has decided that they will not do a Stage 2 review and David is aware of this. This had been decided early this week, but no one bothered to tell us.
||John Koon’s reports and Larry Montgomery’s lack of reporting the condition of the things he inspected in January are the key factors in the denial. A change in John Koon’s position and/or a communication of Larry Montgomery’s findings would make a denial impossible for ProSight. We sent John Koon an email updating him on the status and asking him if he would make it right. He asked for the information and said he would reconsider. We sent Larry Montgomery and similar email and he predictably forwarded it to Wayne Scott
||We sent our complaint files to Joseph Dobbins at Lloyd’s. ProSight had not sent their files yet so a case handler had not been assigned. We did not get a response, so checked with him on 01/11/18 and he said that the technical department was looking at the link to ensure that it was OK for him to open. He provided no update on the ProSight files.
||After much more consideration and counsel we forwarded John the relevant reports from Bill Trenkle, Jay Butler, Kurt Hughes, maintenance information and the load test. One week later John acknowledged the receipt of the documents and stated that he is reviewing them and giving it “much thought“.
||We followed up with Joseph Dobbins at Lloyd’s to see what the status was and received no response. So much for improved customer service from the Lloyd’s of London Complaints Manager.