Evaluating Insurance Clauses In Charterparties: The Role Of Maritime Law Attorneys.

 Evaluating Insurance Clauses In Charterparties: The Role Of Maritime Law Attorneys. - A double liability collision clause is part of a marine and maritime insurance contract that stipulates that if a ship (container) collides with another ship due to the negligence of both parties, the owners and crew of both ships must bear the loss of the monetary value of the cargo and the interests before the collision. Both the owner of the goods and the carrier are responsible for the loss.

As globalization progresses, so does the shipping industry. In the event of a collision, the company's liability, i.e. the risk, is limited to marine insurance. Marine insurance covers the loss of boats. Protects your boat or boat cargo if it is damaged or destroyed.

Evaluating Insurance Clauses In Charterparties: The Role Of Maritime Law Attorneys.

The Hague-Visby Regulations provide that a carrier shall not be liable for damage caused by collision or improper navigation if it has made reasonable efforts to provide a seaworthy vessel (Article IV Regulation 2(a)). In most cases, both ships are at fault in a collision, and the cargo may yield to the impact of the unloaded ship.

Insuring Project Cargo For Chartering Liability

Under US law, they said they could recover the full amount of the claim from the other ship's owner and then half from the carrier. This policy is intended to prevent travel disruption. In addition, if the cargo ship is at fault, there may be a situation where the cargo rights cannot be returned. The no-fault collision clause is intended to protect the carrier's protection under the Hague-Visby Convention by providing contractual indemnification for carriage claims.

If Ship A collides with Ship B due to the negligence of Ship B, and if the cargo on Ship A is damaged or lost due to the negligence of Ship B, the owner can claim 100% of the damages against the owner of Ship B.

However, due to the mutual liability conflict clause, in situations where the division of liability is deemed to be 50/50, the owner of Vessel B is entitled to recover 50% of the liability from the owner of Vessel A.

This leaves Vessel A with a claim for half of the damage costs, which it reimburses the shipper due to the mutual liability clause in the bill of lading.

May 2023 Longshore/maritime Update

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