May 12, 2008 4:29 pm US/Pacific
Ruling Sought On Cosco Busan Pilot's Legal Bills
SAN FRANCISCO (AP) ―
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Capt. John Cota
Santa Rosa Press Democrat
The insurance company that's paid some of the legal bills for the pilot of a ship that spilled 53,000 gallons of fuel into San Francisco Bay has asked a federal court to decide whether it must continue to do so, now that the case has turned into a criminal matter.
In a lawsuit filed April 21, the Continental Insurance Co. asked the U.S. District Court in San Francisco for a "judicial declaration" on the issue. It also seeks more than $315,000 in "attorneys' fees, experts' fees and other defense-related costs" from the Cosco Busan's owners and managers.
Capt. John Cota piloted the 900-foot container ship that sideswiped a support of the San Francisco-Oakland Bay Bridge in heavy morning fog on Nov. 7, slicing open the ship's side and fuel tank. The spill fouled the fragile bay with toxic fuel oil, killing or injuring thousands of birds and closing beaches.
Cota has been named in numerous previous lawsuits, and the federal government recently charged him with two misdemeanor environmental crimes and two felony charges of lying to the U.S. Coast Guard about his medical record. Cota has pleaded not guilty to all counts in connection with the incident.
Continental initially paid for Cota's legal fees in the civil actions as part of its insurance policy issued to the San Francisco Bar Pilots Association and its members, including Cota. The Cosco Busan's owners, Regal Stone Ltd., later took over payment of those fees.
But in its lawsuit, Continental says it was responsible for paying only legal fees in connection with civil litigation, not criminal legal activity. Cota has asked Continental to pay legal fees in the criminal case as well, according to the court filing.
"The controversy can be resolved by a judicial declaration of the parties' rights and obligations under the (insurance) policy and the law," Continental's lawsuit states.
Continental has offered to continue paying for Cota's criminal defense while its lawsuit is pending.
(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
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