Maritime Law › Insurance

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

New York Marine Cargo Insurance v Tradeline

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

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

Liability of Owners and Operators for Injury to Persons Onboard

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

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

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

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

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

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

California Jones Act Lawyer Advises How Seamen Can Assert Their Rights Under the Jones Act Maritime Law in the United States

Jones Act and Maritime lawyers are few and far between in California despite the hundreds of miles of coastline. For most attorneys the rules governing injured seamen and dock workers are something that has never crossed...more

Piracy: A Brief OVerview

Piracy: This is the Powerpoint for talks on piracy (primarily of Somalia) given in late 2009. There have, naturally, been developments since (notably in the debate over the use of arms and citadels, and the publication of...more