General Business Insurance Maritime

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.
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Sin of Omission: Ninth Circuit Splits with the Fifth, Finds That Failure to Include Addendum No. 2 Creates Ambiguity in Marine...

In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters. ...more

New Insurance Law in Chile

Chile’s new insurance law came in to force on 1 December 2013. The new rules amend the Chilean Code of Commerce, including rules deriving from the 1865 Civil Code. We have summarised some of the features of the new law....more

Perils of the seas needn’t be too perilous

When the cargo vessel “Irene EM” grounded on 30 October 2009 in the Gulf of Khambhat, underwriters declined cover as the loss was not caused by a peril of the sea. The term “perils of the seas” refers only to...more

Brokers – The Marine Peril of Not Knowing the Market

Two recent cases have highlighted the need for brokers to be familiar with the nature of their client’s business and the limits and exclusions of marine insurance products on the market. In both of these cases, the...more

Loss, Liability and Warranty Surveys

In this recent Federal Court case, the Court had to decide on the extent of warranties and assurance provided by marine surveyors in providing a survey report for insurance purposes. Essentially, the question for...more

port state control pmou and amou in perspective

Introduction and Historical Back Ground of Port State Control The deliberations at the United Nations conference on Trade and Development (UNCTAD) in the 1970s which called for a fairer terms of trade and development...more

Not Named, No Coverage: Additional Insured Status Denied

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

Texas Insurance Law Newsbrief

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...

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

Calificación jurídica de los contratos atípicos por la Corte Suprema de Chile

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

The 'Q & A' on Freight Forwarders: Who are They? What Do They Do? When are they Liable?

Abstract: When goods are damaged during transport, the seemingly obvious targets in a subrogated action are usually the "carriers", being the parties who were contracted to handle and transport the goods. There is,...more

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