In re Unterseher

Filing 30

REQUEST by Claimant Diane Peterson for judgment and attorney fees (Attachment) (kl, )

Case: 1:21-cv-06179 Document #: 30 Filed: 05/10/22 Page 1 of 2 PageID #:93
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

E
FIL0/2D2
02
5/1

JJ

BRUTON
THOMAS G.TRICT COURT
. DIS
CLERK, U.S

In the Matter of the Complaint of KYLE UNTERSEIHR and CLAIRE
UNTERSEHER, Owners of the 1992 30' Rinker Fiesta Vee 300
With Hull Identification No. RNK368938292, for Exoneration
From or Limitation of Liability' Plaintiffs.
Case No – 21-cv-06179
I received the Notice of Filing of Action for Exoneration from or Limitation of Liability in regards to the boat fire on
July 6, 2021 sent by Marwedel, Minichello & Reeb, PC. I have reviewed the notice and am quite disappointed. My
boat shared the slip and was directly impacted by the fire that started on the plaintiffs, Kyle and Claire
Unterseher's, boat and was deemed a total loss due the damages incurred. While I do have insurance on my boat,
the insurance was in place to only cover the cost of my boat. Unfortunately, the insurance does not cover the
extra expenses for towing, hauling and disposal or taxes associated with purchasing a replacement vessel of
similar value. The estimates I received for the disposal services range from $10 - 12k which is a significant amount
for an ordinary individual with a family. Additionally, taxes are 6.25% of the purchase price for a replacement
vessel which comes out to be approximately $2,200. Other losses include the increased boat valuation due to
pandemic prices, additional personal items, loss of slip usage for remainder of the season and personal hardship.
While the fire investigation came up inconclusive this should not mean that impacted parties bear the cost. It was
mentioned to me by other boat owners that the owner had been performing electrical work on his boat the day
of the fire. I did not witness this activity myself. The boat fire occurrence has been a financial hardship and an
emotional time for me and my family. We not only lost our boat on which we formed many family memories, we
lost half of the season last year. This incident and my personal loss was at no fault of my own and the ask for full
exoneration seems quite unfair. I am requesting that the Unterseher’s insurance company, Geico, cover the extra
costs beyond the losses covered by my insurance company. I believe this to be fair and the right thing to do.
Wherefore, I, the defendant, demand the following relief:
•
•
•
•

A judgment in the amount of $25,800 to be awarded to the defendant
Court costs to be awarded to defendant
Attorney’s fees to be awarded to defendant
Such further relief as the court deems just and proper

Respectfully,
/s/ Diane Peterson
Dated on this 10th day of May, 2022
Diane Peterson
3832 N. Paulina St
Chicago, IL 60613
[e-mail]
773-551-8894

Case: 1:21-cv-06179 Document #: 30 Filed: 05/10/22 Page 2 of 2 PageID #:94

Item Loss

Loss Description

Boat
Towing and Hauling

ACV of boat from surveyor
Moving vessel from current location to salvage
location. Lifting vessel to dry dock.
Labor costs to dismantle boat, removing metal, wood,
batteries, engine, and wiring and cutting up the
fiberglass for disposal
Burned and/or smoke/water damage or loss of
personal items including water mat, life jackets, foul
weather gear, extra customized sails specific for this
boat including spinnaker, main and jib, customized
cushions for this boat, food and beverages, boating
accessories
Taxes (6.25% of purchase price) paid for boat
purchase that would need to paid for any replacement
boat of similar cost
Pro-rated days of slip usage loss for 2021 season

Salvage

Personal Items

Taxes

Loss of slip and boat usage

Esitmated Value Insurance
Amount in excess
Coverage
of insurance
$
37,017.00 $ 33,000.00 $
4,017.00
$
9,000.00 $
$
9,000.00 Estimate provided by US Towboat $8 - 10K
$

4,000.00

$

$

5,500.00

$

$

2,313.56

$

$
$

2,518.46
60,349.02

$
$

-

1,500.00

-

34,500.00

$

4,000.00 Estimate provided by Crowley's Yacht Yard

$

4,000.00

$

2,313.56

$
$

2,518.46
25,849.02