North Carolina VFD Sues for Full Replacement Value of 1981 Aerial

Posted by: Curt Varone November 11, 2013 0

A North Carolina volunteer fire company whose 1981 aerial ladder truck was damaged at a fire in 2010 has filed suit against its insurance company claiming the insurer has a duty to pay $900,000, the full replacement value of the truck.

Etowah-Horseshoe Volunteer Fire & Rescue Department filed suit in federal court on November 5, 2013 naming American Alternative Insurance Corporation (AAIC) as the sole defendant.

The aerial, a 1981 American LaFrance 75 foot aerial ladder, was damaged at a barn fire on November 24, 2010. The complaint alleges “As a result of an overload event during the fire fight, Ladder 16 sustained a “loss” as defined by the policy, rendering it unusable as ladder truck or aerial.”

According to the complaint, the policy required AAIC to cover “the cost to replace the vehicle with a comparable new vehicle and permanently attached equipment manufactured to standards set by nationally recognized organizations such as the National Fire Protection Association (NFPA)”.  The suit seeks a total of  $619,088 in damages.

Here is a copy of the complaint. Etowah-Horseshoe

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
© Copyright 2017, All Rights Reserved. | FireLawBlog.com & Curt Varone | Privacy Policy | Terms of Use
x

Check Also

KCMO Challenges Arbitration Award in Triple Fatal Crash

The City of Kansas City is appealing an arbitration decision that reduced the disciplinary penalty for the firefighter responsible for the 2021 triple-fatal apparatus crash to a three-day suspension without pay. Dominic Biscari was driving Kansas City’s Pumper 19, when it ran a red light, collided with an SUV, struck several parked cars, came to rest in a building, and in the process killed three people.

New Hampshire Firefighter Claims He Was Sexually Harassed

A New Hampshire firefighter who resigned last December after enduring what he claims was years of sexually harassing comments and retaliation is now suing his former employer. Christopher R. Golomb filed suit against the City of Concord last month in Merrimack County Superior Court.