Somalian Piracy: the price of a life by Rhys Clift on 3/28/2012 This is a short article on Somalian piracy with a particular focus on the recent suggestion that the payment of ransom to Somalian pirates should be curtailed or proscribed. What alternatives are there? And what would be the...more
Costa Concordia – Lessons Learned and Path Forward by King, Krebs & Jurgens, PLLC on 2/8/2012 When the Costa Concordia ran aground on a reef off Giglio Island near the Tuscan coast of Italy last month, owners and insurers of vessels certainly paid attention. How could they not? The incident was the...more
Mediation in England and Wales: Japanese/English text (excerpt) by Rhys Clift on 10/20/2011 In November 2010 I published "Mediation in England and Wales". We have now completed for publication a translation into Japanese. The attached is an excerpt from the final book containing, mainly, the book reviews and...more
Not Named, No Coverage: Additional Insured Status Denied by Sedgwick LLP on 9/6/2011 In One Beacon Ins. Co. v. Crowley Marine Services, Inc., ___F.3d ___, 2011 WL 3195292 (5th Cir. (Tex.) July 28, 2011), the U.S. Court of Appeals for the Fifth Circuit upheld an insurer's denial of coverage for a party not...more
New York Marine Cargo Insurance v Tradeline by Onur Saka on 8/7/2011 This case is about marine cargo insurance; the underwriter New York Marine & General Insurance Company brought a suit against Tradeline (L.L.C.) (“Tradeline”) and Deepak Fertilizers and Petrochemicals Corp., Ltd. (“Deepak”) ...more
Texas Insurance Law Newsbrief by Martin, Disiere, Jefferson & Wisdom, LLP on 8/1/2011 Recently, Union Insurance Company successfully defended, and recovered its attorneys’ fees, in an adversary proceeding in bankruptcy court brought by the debtor in possession for building damages allegedly caused by Hurricane...more
Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English... by Reed Smith on 1/28/2011 Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more
Liability of Owners and Operators for Injury to Persons Onboard by Nathan Cecil on 1/12/2011 How far does the obligation of a duty of care regarding safety onboard a ship go? In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more
La navegabilidad del buque en el régimen jurídico de la seguridad marítima by Max Navas on 9/27/2010 Presentación de la exposición y defensa del trabajo de Suficiencia Investigadora en Derecho de los transportes y de la navegación, realizada ante el Tribunal de la Facultad de Derecho de la Universidad de...more
Extrapolations Can Spur Dangerous Conclusions by John A. C. Cartner on 8/18/2010 Snippets from the smoke-and-mirrors intelligence sources will not help the industry get to the bottom of what happened to the M. Star. ...more
Calificación jurídica de los contratos atípicos por la Corte Suprema de Chile by Rafael Durájn on 7/1/2010 Comentario sentencia dictada por la Corte Suprema que versa sobre la naturaleza jurídica del vínculo que unió a un importador de determinadas mercancías, quien actuó subrogado por su...more
Going In-Depth with the Laws Governing Injured Oil Spill Workers Claims by Alabama Workers Comp Blawg on 6/22/2010 A detailed analysis of when each set of laws might apply to an injured workers involved in the Transocean’s Deepwater Horizon oil spill clean up....more
Oil Spill likely to Lead to Flood of Workers Compensation Claims by Alabama Workers Comp Blawg on 6/14/2010 Injuries to under-equipped and inadequately trained workers resulting from exposure to crude oil and other hazards will create new and possibly devastating liabilities for employers and workers’ compensation insurance...more
Piracy does not Pay: High Court Rules on the Interpretation of Actual and Constructive Total Loss by Edwards Angell Palmer & Dodge LLP on 6/1/2010 Mr Justice David Steel handed down his judgment in the case of Masefield AG v Amlin Corporate Member [2010] EWHC 280 (Comm) on 18 February 2010. The judgment contains a consideration of the concepts of actual and constructive...more
Wave goodby to inherent vice exclusions? Global Process Systems v. Syarikat Takaful Malaysia Berhad in the Court of Appeals by Edwards Angell Palmer & Dodge LLP on 3/2/2010 In late 2009, the Court of Appeal handed down a judgment which added to a large body of case-law on inherent vice. A key principle in the law of marine insurance, loss caused by inherent vice is typically excluded from cover...more