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Property Damage › Vessels

Benesch

An Act of God Carve-Out Survives in Cargo Litigation, in The High Tech Era

Benesch on

Courts have clearly established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight loss or damage. The Act of God defense is an original, and one of the most...more

Carlton Fields

Federal Court In Puerto Rico Voids Marine Insurance Policy Based Upon Misrepresentation In Insurance Application

Carlton Fields on

QBE Seguros brought a successful action declaring a marine insurance policy was void ab initio under the doctrine of uberrimae fidei and the breach of the warranty of truthfulness in the application for insurance....more

Haight Brown & Bonesteel LLP

Ninth Circuit Revives Tort Claims Initially Dismissed Under Economic Loss Doctrine Where Product Caused Damage to “Other Property”

Haight Brown & Bonesteel LLP on

On June 29, 2015, the Ninth Circuit Court of Appeals, in CHMM LLC v. Freeman Marine Equipment, Case No. 13-35163 (D.C. No. 3:12-cv-01484-ST), reversed the District Court’s judgment in an admiralty case, holding that a vessel...more

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