INSURANCE & LEGAL ADVICE
Marine claims give rise to various liabilities and legal issues. These issues do not only arise in casualty situations. It is important to consider these at an early stage to ensure that the most appropriate action is taken. Consideration needs to be given, at the outset, to the appropriate legal or procedural steps that need to be taken.
Example: A Cargo Owner arranges insurance for a consignment of goods to be shipped by sea. During the voyage the vessel suffers a casualty. The cargo is damaged. Shipowners declare general average and call for security. The Cargo Owner is faced with losses and approaches his Insurer for assistance. Does the Insurer have a liability and what steps should he take?
Although losses may arise, liability for those losses is often an area of dispute. A careful review of the obligations of the Parties is needed. The procedural steps to be taken will often depend on these obligations.
Some claims may be covered under the policy of insurance and some may not. A loss that is recoverable or procedural steps taken in one case may not be appropriate in another. Each situation will be different.
It is important that an early assessment of the position be made to ensure that the appropriate steps are taken by the correct Party.
Once the position has been established, it is possible to identify what action needs to be taken by each Party.
We can provide advice to assist you to minimise the risks you face.
What Advice can we Provide?
- Legal Advice
Case law Common law International Conventions Jurisdiction Court/Arbitration Alternative remedies Contractual position Liability Procedures
- Insurance Policy Interpretation
Institute Clauses Non-standard clauses Marine Insurance Act 1906
- Market Practice
Insurance Shipping Claims procedures
- Contract Drafting
Settlement Agreements Security wordings Delivery contracts
- Loss Prevention
Contract review Vetting Research
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