The Importance Of Maritime Law Attorneys In Insurance Coverage Disputes.

 The Importance Of Maritime Law Attorneys In Insurance Coverage Disputes. - If you or someone you know has been injured offshore, you need the dedication and experience of a Biloxi offshore injury attorney on your behalf. The firm has represented individuals and businesses in offshore or maritime disputes for more than 90 years. We pride ourselves on being one of the most experienced legal teams and will fight to help you resolve your marine or marine injuries or damages. Our Biloxi personal injury attorneys can be trusted to provide you with the knowledge and passionate advocacy you need.

Many Mississippi and Gulf Coast residents work in or near the Gulf of Mexico. Many people from all over the country come to our beaches and vacations. The Gulf is an excellent source for business and leisure. But when things go wrong on the water, serious personal injury or business damage can occur, such as:

The Importance Of Maritime Law Attorneys In Insurance Coverage Disputes.

Federal laws such as the Jones Act and the Longshore and Harbor Workers' Compensation Act (LHWCA) govern many of these claims. Most of these claims are in state courts rather than federal courts. When these questions arise, you need the help of a skilled and experienced offshore blouse injury attorney.

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Maritime injury cases, including those related to oil rig accidents, present a special type of problem. A Mississippi marine injury attorney with specialized training and experience is the best choice to resolve these issues appropriately and quickly.

Have you been injured and need to talk to an attorney? Are you looking for an insurance lawyer? We can help. After a serious personal injury, financial loss, or insured loss, you need attorneys who know how to present your best case in court. We can begin reviewing your case today. To schedule your free initial consultation, contact us at Van Cleve Law, an experienced Blue Sea offshore injury attorney. We serve Gulfport, Biloxi and all of Mississippi.

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Other non-structural cookies are those that are being analyzed and have not yet been added to a category. Ship and cargo insurance is one of the oldest forms of property insurance. One of the first questions to ask when dealing with any type of policy, including ship, marine, cargo and port, is whether state insurance or admiralty law applies to a given situation. This is not a well-settled area of ​​law, as the language of a recent decision indicates.

What Does A Maritime Lawyer Do?

Whatever may be said of the life of the law generally, the correct way of classifying cases as maritime or non-maritime depends on experience—rather than logic—on the distinctions introduced by the former.... These distinctions are fraught with contradictions. Consider two identical contracts to add identical properties to identical containers. The first boat was completed and delivered to the owner, taken out to sea for perhaps an hour, then, after a change of heart, returned to install additional features. The second boat is completed without the same features—the owner won't ship until those features are added—but the boat is put out to sea for an hour, maybe longer, to test run. The contract to install the features on the first ships is Maritime. A contract to install features on another ship is non-maritime. This is due to the established rule that existing ship repair contracts are marine, while new shipbuilding contracts are not marine - even though the contracts operate in exactly the same way in the same location. A rule is a rule, even if it is explained as a matter of precedent rather than logic.

How is the builder's risk policy handled for the boat? The court ruled as follows, noting that logic played little role in this determination:

As is obvious, ship insurance contracts are marine. It has been said time and time again. See, e.g., Kossick v. United Fruit Co., 365 U.S. 731, 735 (1961) (while "contracts defining the limits of admiralty jurisdiction . . . see also Schoenbaum, supra, §§ 3:10 and 19:2 (stating that all insurance contracts invoke admiralty jurisdiction and, in particular, that a builder's risk policy for repair of a (ship) is subject to admiralty jurisdiction). There is little logic in the principle that a contract to build a new vessel only Even in the case when there is a pre-construction rule. The construction and launching of ships is directed to use in navigable waters. And not to lose one. One must ignore the basic risk that marine insurance covers, even builder's risk insurance: Loss or damage to the ship in water….

Insurance that covers a port that is not navigable, without sailing time is hardly surprising - insurance that covers a house or a car or a factory is also non-sailing time. And while Bender suggests that this might change once the ports were freed—a position that would help those down here, since this ship was also freed—the policy seems to have been entirely naval or non-naval. What is important here is that Bender recognized the accepted principle that marine insurance - ship insurance - is maritime. In fact, Bender assumes that, if the case involves a conventional ship under construction rather than a dockyard, the builder's risk policy would be marine. Otherwise, what difference does it make if the floating dock was a ship, or if the dock becomes a ship when freed?

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State insurance laws and admiralty laws can differ significantly. Which law applies is an important factor in any insurance policy.

Under admiralty jurisdiction and statute, there is no right to a jury trial. Instead, the matter just went to court. In that case, Judge Henkel ruled that the case would be tried by him rather than a jury because the builders' risk policy for the ships was governed by admiralty law.

Remember that there is no such thing as a small act of kindness. Each action creates a conflict that has no logical conclusion.

Merlin was founded in 1985.

Why Maritime Injury Attorneys Are A Lifeline For Seafarers

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