Insurance Maritime

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Lost Cargo is Dead Weight: Insurer Avoids Coverage Due to Breach of “Deadweight Warranty” in Marine Policy

In Hua Tyan Development Ltd v Zurich Insurance Co Ltd [2014] HKCFA 72, the Hong Kong Court of Final Appeal dismissed a marine insurance claim on grounds of breach of warranty by an insured....more

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

Texas Supreme Court Opinions and Orders (6/14, pt. 2)

No. 11-0810, LAN/STV, J.V. v. Martin K. Eby Construction Co. - In a unanimous opinion by Chief Justice Hecht, the Court held that the economic loss rule does not allow a general contractor to recover increased costs of...more

A Contract to Repair a Vessel Is a Maritime Contract, but a Contract to Sell a Vessel Is Not.

In this case, an insurance company sued Mercury Marine and First Choice Marine after a boat dropped off for repairs was stolen from First Choice’s premises. The insurance company brought a subrogation claim, standing in the...more

Employer’s Notice Of Controversion (LS-207) Does Not Eviscerate Holding Of Andrepont

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of...more

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore...more

Fifth Circuit Expands Coverage of Jones Act, Rules That Shipyard Employee Injured in Shore-Based Crane Incident is a Seaman

In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more

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

La riforma del diritto dei contratti di assicurazione: la fatica di Sisifo?

This is a "free" translation into Italian of my article on the reform of English insurance contract law. Il Marine Insurance Act del 1906 è un formidabile esempio di capitale intellettuale dell’epoca vittoriana...more

¿La reforma de la Ley de Contratos de Seguros: una tarea Sisifa?

This is a "free" translation into Spanish of my article of November 2012 on the reform of English insurance contract law: " La Ley de Aseguramiento Marítimo de 1906 (The Marine Insurance Act 1906) es una obra de la ...more

If it Floats, it May Not be a Boat – the U.S. Supreme Court Clarifies the Definition of a Vessel

The U.S. Supreme Court settled an important conflict between the Fifth and Eleventh Circuits this week, holding a floating home, incapable of propelling itself, was not a “vessel” within the meaning of the Rules of...more

FANE LOZMAN v. THE CITY OF RIVIERA BEACH, FLORIDA

U.S. Supreme Court Decision

The U.S. Supreme Court has now ruled that Lozman’s houseboat was a "floating home" and has ruled that his floating home is not a vessel. ...more

Infrastructure Alert - January 3, 2013

The 112th Congress adjourned before voting on any Hurricane Sandy relief bill. Although the Senate passed a $60.4 billion relief bill, the House did not hold a vote on it nor the Republican-backed alternative $27 billion...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

The Reform of Insurance Contract law: a Sisyphean task?

The Marine Insurance Act is durable and enduring, remarkably so - it has remained in place, substantially unamended in over 100 years. It is a classic example of accuracy, brevity, clarity with just 94...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

Somalian Piracy: the price of a life

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

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

Costa Concordia: Passenger Claims

Article first published on the Lexology website. Legal aspects regarding likely passenger compensation of "Costa Concordia"passengers....more

Mediation in England and Wales: Japanese/English text (excerpt)

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

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

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