Marine Cargo Insurance Case Laws

Lithotech sales third circuit court of appeals february 26 2002.

Marine cargo insurance case laws. Most cases of damage to a ship or its cargo resolve themselves into settlements between insurance carriers. Here a cargo of 26 containers of sesame seeds were sold by the claimant broadgrain on cif basis and insured by the insurers under an open policy which. Special relatively cheap cargo cover has developed to cover only this situation it is known as contingency seller s interest insurance. Hfw marine insurance case update no 1 welcome to the first of our hfw marine insurance case updates which we now intend to produce on a six monthly basis1.

Common types of cargo cover open cover this is the most common type. And second whether the waiver of subrogation clause in the plaintiff s insurance policy protected all of the defendants or just. A review of developments in case law by dr johanna hjalmarsson this article summarises and explains some of the most important legal developments in maritime law including the law of marine insurance ship sale and the sale of goods in 2016. Under wilburn boat co.

The british columbia statute is the insurance marine act rsbc 1996 c. Proposals for changes in the maritime law must always be evaluated against this background of insurance coverage as the imposition of liabilities that cannot be insured against can discourage all but the wealthiest ocean carriers from engaging in the affected trades. Cargo insurance is the sub branch of marine insurance though marine insurance also includes onshore and offshore exposed property container terminals ports oil platforms pipelines hull. The marine insurance case update aims to provide you with regular summaries of english court cases relevant to the law of marine insurance including hull war and cargo risks.

This was the main debate in the case before the ontario superior court of justice canadian marine insurance act 1993 is similar to the unamended version of the uk marine insurance act 1906. Maritime law in 2016. The issues in the case were. Insurance of ships and cargo carried and which procedure falls under specific statutory provisions based on the anglo saxon law or otherwise known as the marine insurance act 1906.

In this case as the exporter has not taken out the cargo insurance they have no one to appeal to for compensation. First whether the cargo was sufficiently described as deck cargo to remove it from the application of the hague visby rules thus denying the defendants the right to rely upon exclusion or benefit of insurance clauses in the contract. A review of developments in case law dr johanna hjalmarsson 1 maritime law in 2016. 310 1955 new jersey law governs the open cargo policy which was drafted signed and delivered between new jersey corporations within new jersey in new jersey the terms of an insurance policy absent ambiguity should be.

In this particular law all relevant provisions and statutory provisions are listed marine insurance by providing solutions to insurance. 1 2 2 provincial insurance acts prior to the enactment of the federal marine insurance act many of the provinces had their own acts governing marine insurance.