Maritime Insurance Marine Essay

Pages: 6 (2049 words)  ·  Style: Harvard  ·  Bibliography Sources: 6  ·  File: .docx  ·  Level: College Senior  ·  Topic: Economics

SAMPLE EXCERPT . . .
The exception to 6.2 is if pirates attack and seized the vessel. In 6.3 the insured is not covered when the vessel is damaged by minds, torpedoes, bombs, "…or other derelict weapons of war" (EMIA, p. 2).

Does the maritime law in England cover strikes by unions? "In no case" does this insurance cover: a) (7.1) damages or expenses caused by "…strikers, locked-out workmen, or persons taking part in labour disturbances, riots, or civil commotions"; b) (7.2) damages or expenses caused by strikes, work stoppages, riots or civil commotions'; and c) (7.3) damages or expenses caused by "…any terrorist or any person acting from a political motive" (EMIA, p. 2).

The EMIA goes into a list of claims that are valid, and the EMIA also points out the duties of the insured persons and vessels. It is the duty of the insured under 16.1 to "…take such measures as may be reasonable for the purpose of averting or minimizing such loss"; and under 16.2, it is the duty of the insured to "…ensure that all rights against carriers, bailees, or other third parties are properly preserved and exercised and the Underwriters will…reimburse the Assured for any charges properly and reasonably incurred in pursuance of these duties" (EMIA, p. 5).

Recent litigation involving marine insurance in Canada

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The Canadian Marine Insurance Act is modeled after the English Act; several recent instances of litigation clearly point out how maritime laws are being tried in high courts in Canada. In 2012, the Federal Court of Appeal in Canada ruled that the insured "…need only prove the cargo was damaged while the policy was in force" (Feuiltault Solution Systems Inc. v. Zurich Canada). In this case the courts asserted that the insurer "under an all risks cargo policy" has the "onus of proving a non-fortuitous cause" (Admiralty Law, 2012).

Essay on Maritime Insurance Marine/Maritime Insurance Has Assignment

Other interesting cases -- that relate to the EMIA clauses -- have been published by Admiralty Law, including Societe Telus Communications v. Peracomo Inc. In this case the court upheld a denial of coverage "…on the basis of the willful misconduct of the assured in deliberately cutting a submarine cable" (Admiralty Law, p. 2).

In conclusion, the history of maritime insurance dates back to thousands of years before the birth of Christ albeit those "insurance" methods and strategies are not similar at all to the current maritime insurance policies. Still, it is clear from the literature that for as long as vessels have sailed the seas with cargo, owners and operators and captains have sought to protect the materials that are being transported from loss or damage.

If the packing of the materials is not sufficient, or the vessel is not truly seaworthy, or other issues come into play that cause damage or extra expenses -- such as incompetence in terms of the safe navigation of the vessel -- there is no doubt that the insurance company is justified in denying such claims. That was true hundreds of years ago, and it remains true in 2013.

Bibliography

Hinkelman, Edward G. 2008. Dictionary of International Trade 8th Edition. Librix.eu: Czech Republic.

Institute Marine Cargo Clauses. 1982. English Marine Insurance Act. Retrieved January 20, 2013, from http://www.jus.uio.no/lm/private.international.commercial.law/insurance.html.

John, A.H. 1958. 'The London Assurance Company and the Marine Insurance Market of the Eighteenth Century,' Economica, New… [END OF PREVIEW] . . . READ MORE

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