FREEPORT, Maine — The parent company of Downeast Energy has reached a settlement with insurers of a Freeport home that burned in 2014 after technicians repairing a fuel tank triggered a fire.
Amica Mutual Insurance Co. of Rhode Island insured the Balsam Lane home of James and Mary Gribbel that had extensive damage resulting from a fire on July 25, 2014.
According to a civil lawsuit filed by Amica in May 2015, “the fire and resulting damages was caused by negligence on the part of the service technicians employed by” Osterman Propane LLC, which owns Downeast Energy, who were at the home at the time to repair a leaking fuel tank.
Martica S. Douglas, who previously represented Amica, said at the time that the three-alarm fire cost the insurance company about $750,000.
“The negligence of defendant’s employees included inserting a vacuum into the leaking tank and leaving it running for over an hour, thereby allowing the motor to become sufficiently hot to ignite the fuel,” a complaint filed by Amica states.
“It’s a pretty open-and-shut causation analysis,” Douglas said Monday. “The Downeast people were at the house fixing the tank, and they leave this vacuum on, one goes to get tools and one is eating lunch, and the vacuum gets so hot that it ignites the fuel vapors. That’s where the fire starts.”
Firefighters from eight communities went to the home that day to wage what Freeport Deputy Fire Chief Paul Conley said at the time was a “labor intensive” battle because of the heat of the day and the distance from the road to the house.
One Freeport firefighter was treated for heat exhaustion and another for a hand injury, but neither was taken to the hospital.
According to a report filed by senior fire investigator Daniel Young of the state fire marshal’s office, the fire started when “a fuel contractor was present, working on a leaking fuel tank, and vented the combustible vapor into the basement area using a shop vacuum. The vapors ignited or the vacuum failed and started a basement fire.”
Amica Mutual paid damages included fire debris removal, structural repairs, replacement and/or restoration of personal property and leasing separate living quarters while the home was uninhabitable, according to documents, and sued Osterman to recoup those costs.
The suit sought a jury trial, not a specified dollar amount, but according to online court documents, the two parties agreed to a settlement on Wednesday.
Attorney Cathy Roberts of Portland, who now represents Amica, said Monday that she expects the court to dismiss the lawsuit within 30 days. She declined to comment further on the suit.
Attorney Sean D. Magenis of Yarmouth, who represents Osterman Propane, did not immediately return a phone call on Monday.