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Sterling James Stires

Sterling Stires’s Answers

7 total

  • Should i have a special license for this type of business? If yes what is it?

    I have registered new business in MI and I got my Tax ID, my goal is to serve a person who wants to ship his car, furniture or products to overseas or to their countries, whoever our duty is to arrange the full process by calling Maritime Carriers...

    Sterling’s Answer

    Not only will you have to have a special license, you will likely have to procure a special type of insurance. A qualified insurance broker that is intimately familiar with the maritime industry should be able to direct you in the right direction. The broker would also likely be able to get you in touch with a person who could help you with the licensing requirements.

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  • I have full insurance for my boat and had to be towed back to land after an accident is the cost covered by insurance?

    I have heard that the insurance company have a legal obligation due to maritime law to cover the cost of the tow if you have full insurance however at the moment the insurance company are refusing to pay out and want to know if it is their legal ...

    Sterling’s Answer

    This would depend on your insurance policy. There are several types of insurance policies that could cover your vessel. Typically, the cost of salvage (including towage) is borne by Hull & Machinery insurance policy, pursuant to the "sue and labor" clause of the policy. However, if the loss is considered a "wreck removal," then the loss would be covered under the P & I insurance policy. Insurance policies are contracts and contain various exclusions and endorsements. Though most Hull and P&I policies are very similar, covere will depend on the exact wording of your insurance policy.

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  • What is the Maritime attachment and Garnishment ?

    We are a foreign company with no registration or activities in the US. One shipping company has filed a court complaint against our company. The court issued a Maritime attachment and Garnishment order without inviting us defend our company.

    Sterling’s Answer

    Maritime liens can arrise under many circumstances, and the vessel does not need to be U.S. flagged for a lien holder to obtain a maritime lien. Your specific situation should be addressed by a maritime lawyer familiar with the attachment and lien procedures. There are many good maritime lawyers in the New York area that would be able to handle this type of case. If the company obtained the attachment without any cause, they may be liable to you for the financial damage that it has caused. Again, this is a question that should be answered by a maritime attorney as the specific facts of your case will determine the course of action needed to take to remove the lien.

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  • Insurance paid $35k in car damages/medical bills, but the injured party is still suing us.

    My husband got into an accident in May 2008. He t-boned the oncoming car (his fault)and he was neither drunk nor speeding. His insurance paid about $15K for car damages and $20k for medical bills. There were three people in the other car, and now ...

    Sterling’s Answer

    Everything depends on the language of your auto policy. More likely than not, the insurance company will pay for your defense lawyer, separate and apart from the liability limits listed in the policy. The insurance policy is a contract, and the insurance company does not have to pay out more than what is listed in their limits. You should really discuss this with the lawyer that is assigned to you by your insurance company. Even though the insurance company is paying for the lawyer, you are the client, and the lawyer's duty is to you.

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  • What action can I take against a mechanic's lien filed against my boat

    What action can I take against a mechanic that filed a lien against my boat. It was in his shop for minor repairs and then we found his quote to be too expensive for the services. He said he would try to bring down the price so that we could make ...

    Sterling’s Answer

    Adding on to the previous answer, there is such thing as "Wrongful Arrest" of a vessel. Admiralty/Maritime law is a very specialized area of practice, so I suggest that you contact an attorney that primarily handles maritime matters. Good luck.

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  • Is it legal for a neighbor to injure my pet?

    My neighbor is threatening to set poision/traps for my two cats, who on occasion go into her yard. The oldest cat was once wild, so I hate to keep her inside constantly. The cats are only outside for an hour or so at a time, and rarely leave my ya...

    Sterling’s Answer

    No - it is not legal for somebody to injure your pet. I suggest that you contact the police and your local animal control. Animal Control may give you some tips on how to deal with your neighbor.

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  • Trying to get a fair settlement from an insurance company whose insured was issued a ticket for the accident

    I was recently involved in a minor traffic accident. A car pulled in front of me at an unmarked intersection where I had the right-of -way. I hit the brakes as soon as I possibly could but there was no way to avoid hitting the car. The other driv...

    Sterling’s Answer

    You can negotiate with the insurance company. Your legal recourse is to sue the driver that hit you. Litigation is always the least favored way to settle a dispute, but if there is enough damages or injuries, it may be a reasonable way to get the insurance company to pay up. Sounds like there is not enough money damages involved to justify full blown litigation. Depending on what state you are in, and how much money overall we are talking about, you may file a small claims court complaint against the driver of the car. Before doing so, however, note that there is a cap on the amount of money that you can recover. You can find the rules regarding small claims court for your state on the web, or you can call your local courthouse - they can direct you. Good luck.

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