Dungeness residents may see insurance rates rise

Commissioners increase county's risk exposure

Note: This article is being rereleased with new documents revealing County leaders have known for nearly 10 years that the closure of Towne Road could result in increased emergency response times and rising insurance rates. Further documentation, from the county’s insurer, shows possible consequences if the county willfully exposes itself to increased risk and liability.

Home insurance rates may soon increase for those living north of the Towne Road closure, and Fire Chief Dan Orr warned the Clallam County Commissioners of this in an email six months ago:

From: Dan Orr

Sent: Monday, June 19, 2023 7:21 AM

To: Ozias, Mark, Johnson; Randy; French, Mike

Subject: Towne Road 

Gentlemen,

It has come to our attention that the County Board of Commissioners is considering not completing the Towne Road project as it was originally designed. It sounds like instead of a road, it would become a trail and there would be no connection between Towne Road and Sequim Dungeness way.

From the Fire District’s perspective, removing connections increases response times and could have a negative effect for the citizens who live in and around that area in regards to 911 responses. These connections can have an effect on insurance ratings for neighborhoods around that area also.  We hope that some connection has been resolved for the Eberle property and barn. 

It is believed that the reason for not being able to complete the road as originally designed is because of cost overruns. The District hopes that in the future, this project can be completed as originally designed.  Any improvements to the new trail which would help to facilitate a road in the future would be suggested.

Thank you for your time and for taking all of this into consideration as you make your decisions.

Respectfully,

Dan Orr

CCFD3 

Two months after this email was sent, a family of three lost two pets and narrowly escaped with their own lives when a blaze consumed their home.  Response to the house fire, which was north of the Towne Road closure, was delayed.  The responding fire engine from Sequim headed north on Towne Road, found the route blocked by a locked gate, and was forced to detour five miles.

In September, a concerned resident asked if Fire Chief Orr had a stance on the closure of Towne Road.  The Chief replied, in part:

“We had a fire out there a few weeks ago, and the added response time certainly added to the loss for that family.  I have encouraged the County Commissioners to have a larger view and to consider the ramifications of their actions regarding closing any public right of way.  I certainly understand the appeal of a pedestrian trail, but I would hope that public safety would outweigh that appeal or at least be a consideration.”

Fire Chief Orr’s official recommendation to the Commissioners was submitted during the public comment period in October.  When paired with the practicality of seeing how emergencies unfold in our rural area, his expertise offers a unique perspective.  Fire Chief Orr’s letter is worthy of a read and hopefully, it is worthy of the Commissioners’ consideration when determining the urgency to complete and reopen Towne Road.

New documents reveal Clallam County realized at least nine years ago that closing Towne Road could increase response times and insurance rates for communities north of Sequim. On December 3rd, 2014, County Biologist Cathy Lear coordinated a “Towne Road Work Group” at the Sequim fire station. The meeting had the usual county staff, first responders, and local businesses, and it also hosted three representatives of the special interest that continues to control the fate of Towne Road today. Apart from Derrick and BriAnne Eberle, representation of any local citizen was notably absent. A summary of the meeting included, “Without Towne Road or equivalent access, emergency response time may be increased by 3-7 minutes” and “If emergency response vehicles are located more than 5 miles away, fire insurance rates increase from $425 to $1000.”

Many of the attendees from 2014 are still involved in determining the future of Towne Road.

Notes jotted on a whiteboard during a 2014 “Towne Road Work Group” meeting acknowledged that emergency response times could increase if the road were to close.

Effects on insurance aren’t limited to just homeowners – Clallam Country also carries insurance, provided by the Washington Counties Risk Pool (WCRP). A 2021-22 Memorandum of Liability Coverage notes exclusions to the insurance policy:

Section “N” defines a Willful Civil Violation as “liability arising out of the willful or wanton violation of any civil statute, ordinance, or regulation.” Section “L” defines a willful violation as, “Liability arising out of the willful violation of any penal stature or ordinance or liability for acts of fraud committed by or at the direction of any protected party.”

If it were determined that the closure of Towne Road contributed to a catastrophe or medical emergency, a lawsuit could be filed against the County. If the WCRP determined that Towne Road was closed out of the “willful or wanton violation of any civil statute, ordinance, or regulation” (i.e. County leaders abandoning policy and regulation in favor of governing by influence from special and private interests) it may determine such behavior as a reason to deny payment. A single, large settlement could bankrupt Clallam County.

The home consumed by fire on Towne Road in late August is a clear example of county decision-makers increasing risk and liability.  The fire occurred in the early-morning hours of August 23rd.  That afternoon, the Fire Department’s Battalion Chief sent an email to PenCom, the company that provides emergency dispatch services to our area:

Under “Gate Information”, this notice advises that the public road is blocked by a gate that has three locks: One “Knox lock” (commonly used by fire fighters), a County lock, and one lock for a private landowner.

The next day, a PenCom Communications Supervisor took measures to notify first responders that Towne Road was closed:

The ramifications of a reactive approach, instead of a proactive approach, clearly have catastrophic consequences when closing rural routes without proper communication. 

A family who lost their two dogs in a blaze once called 2794 Towne Road their home. According to Fire Chief Dan Orr, “The added response time certainly added to the loss for that family.”

With a burnt shell of an uninhabitable home, the Commissioners are now aware of the possible short-term consequences of their decisions, but long-term repercussions remain to be seen.  Will a homeowner or their insurer sue the County if the closure of Towne Road delays another fire truck?  Hundreds of residents live north of the closure, if the detour adds to EMS response times, and a resident suffers unnecessarily from a prolonged medical emergency, will the County be held liable?  We will find out in time.

One thing is certain, the Commissioners won’t be paying for the lawsuits.  That financial burden will fall on the Clallam County taxpayers.