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Articles by Stephen F. White

Landmark Supreme Court Decision Sets Parameters for Punitive Damage Awards Under Maritime Law (10/17/2008)

Origins and Characteristics of Navigation and Trading Warranties (3/1/2008)

ORIGINS AND CHARACTERISTICS OF NAVIGATION AND TRADING WARRANTIES (9/1/2007)

Trading Warranties (also called Navigation limits) can be found in almost every marine insurance policy. A typical yacht policy navigation warranty states: “This policy provides coverage when the ‘insured (more...)

Marine Insurance And The Doctrine Of Uberrimae Fidei (6/30/2007)

"Marine Insurance And The Doctrine Of Uberrimae Fidei" (6/30/2007)more...)

IN PERIL: NEW RECOMMENDED READING FOR SALVORS (11/4/2004)
Between November 15-17, 1994, in the Atlantic ocean several miles East of the Florida coast, amid the howling winds and mountainous seas driven by Hurricane Gordon, events unfolded that were to culminate almost four years later in the largest salvage (more...)

PROPELLER GUARDS: THE SUPREME COURT PROVIDES SOME ANSWERS AND MANY QUESTIONS (7/29/2004)
On December 3, 2002, the U. S. Supreme Court decided the case of Sprietsma v. Mercury Marine. The impact of this ruling, which allows lawsuits to proceed against makers of boats and engines without propeller guards, will affect the recreational boating (more...)

WILLIAM HARVEY v. NORTHERN INSURANCE COMPANY OF NEW YORK (4/1/2004)
First Maryland Decision to Uphold One-Year Suit-Filing Limitation in Hull Insurance Policy WC&S partner, Stephen F. White, recently won an appeal before the Maryland Court of Special Appeals, which upheld the Circuit Court for Baltimore City’s dismissal (more...)

THE M/T MANTINIA: CONTRACT ASSISTANCE EVOLVES INTO PURE SALVAGE (10/13/2003)
The tanker MANTINIA ran aground outside Guayanilla Bay, Puerto Rico on June 1, 1994, while carrying 314,273 barrels of black oil. The shipowner, Metro Freighting Corp., thought that the ship was simply mired in soft mud, and that little peril or danger (more...)

PHILLIPS v. SEA TOW (7/25/2003)
SALVOR’S ATTEMPT TO ESTABLISH STATE COURT REMEDY MEETS WITH LIMITED SUCCESS For many years, salvors have argued that state courts should be entitled to hear and decide salvage cases, and that federal courts should not be entitled to exclusive jurisdiction. (more...)

LIMITATION OF SHIPOWNERS’ LIABILITY (PART I) (10/24/2002)
The idea first caught on during the Middle Ages, that when a sea voyage ended in disaster, the shipowner should not be liable for damage to persons or property beyond the value of his own vessel. Sending ships to sea was one of the most risky ventures (more...)

UNDERSTANDING COAST GUARD INVESTIGATIONS (7/1/2002)
Congress has conferred upon the United States Coast Guard (through the Secretary of Transportation), the duty to investigate the causes of marine casualties, and the power to issue Regulations for the conduct of such investigations. The stated purpose (more...)

MARITIME BAILMENT LAW (4/1/2002)
Are marinas nothing more than warehouses for boats? What about those increasingly popular “boatel” structures? Can you simply “forget” your boat in its marina slip and expect it to still be afloat when you return from your three-month vacation? The (more...)

LIFE SALVAGE: ADDED INCENTIVE TO SAVE LIFE AT SEA (10/5/2001)

The concept of “Life Salvage” is one of the most confusing principles of salvage law. Hopefully this short article will cast aside some of that confusion and clarify the concept.

The law of Life Salvage has not evolved from traditional (more...)

PROFESSIONAL SALVAGE REWARDS: STILL "MORE LIBERAL" (10/5/2001)

For centuries, the Law of Salvage, as it evolved by the decisions of the admiralty courts, has provided a “liberal” salvage reward to all mariners who voluntarily come to the aid of those in distress, and who are successful in saving property. (more...)

"SPECIAL COMPENSATION" SAVES THE DAY: SALVAGE OF THE F/V LINDSEY JEANETTE (10/5/2001)

In my Article in the June/July 1999 issue of this Newsletter I discussed the “Special Compensation” that is now available under the Salvage Convention of 1989 (adopted in the U.S. in 1996). “Special Compensation” is available to salvors under circumstances (more...)

CO SALVAGE: HOW TO SLICE THE PIE (10/5/2001)

In many cases salvage operations are a cooperative venture conducted by more than one Salvor. Salvors may work together at the same time or may work consecutively toward their ultimate goal of salving property and minimizing damage to the environment. (more...)

MINIMIZING LIABILITY IN TOWING CONTRACTS: HOW LOW CAN YOU GO? (10/5/2001)

Contrary to popular belief, a contract of marine towage does not create a bailment. Caselaw has long established that he owner of the boat being towed is not a bailor, and the towboat operator is not a bailee. In the event the towed vessel is (more...)

OBTAINING SECURITY FOR YOUR SALVAGE CLAIM (10/5/2001)

Now that you have successfully saved a vessel from almost certain destruction by a marine peril, what do you do next? More importantly, how will you ensure that funds will be available to pay your salvage claim? These age-old questions still pose (more...)

SALVAGE LIEN CHARACTERISTICS (10/5/2001)

The scope and characteristics of the salvage lien are often misunderstood. Hopefully this article will shed some light on this complex legal concept, which underlies virtually all claims for a salvage reward.

The successful salvor will (more...)

TREASURE SALVAGE: FINDERS-KEEPERS? (10/5/2001)

Property found in or near the water may take many forms - from a derelict vessel found drifting on the current, to a whale or lump of ambergris washed up on a beach, to a chest full of Spanish doubloons found buried in the sandy bottom. In each (more...)

PITFALLS IN MARINE CASUALTY REPORTING (10/5/2001)

If you hold a Captain´s license, you may want to pay close attention to this article. The U.S. Coast Guard has recently exhibited what can only be described as a "zero tolerance" policy toward licensed mariners who fail to promptly notify the Coast (more...)

SALVAGE LAW: THE INLAND BOUNDARY (10/5/2001)

Salvage rewards are only available when the work is performed on waterways subject to federal admiralty and maritime jurisdiction. If the waters are not within federal admiralty and maritime jurisdiction, then no salvage reward is available, even (more...)

MARINE INSURANCE AND THE DOCTRINE OF UBERRIMAE FIDEI (10/5/2001)
While Latin is often referred to as a “dead language” it is still alive and well in the ancient principles of marine insurance. In particular, the doctrine of uberrimae fidei still lives on. When translated, this Latin phrase refers to the duty of (more...)

SALVAGE CONVENTION OF 1989: REWARDING EFFORTS TO PROTECT THE ENVIRONMENT (10/5/2001)
To the professional salvor, the principle of “No cure - No pay” is one of the most inequitable rules to be adopted by the admiralty courts. Under this principle, the skilled and professional salvor will receive no salvage reward in the event that (more...)

THE IMPLIED WARRANTY OF WORKMANLIKE PERFORMANCE (10/5/2001)
by Stephen F. White While many rules of maritime law originated in ancient times and have been passed along through the ages, there are other rules that have suddenly arisen as the result of legislation or judicial decisions. The implied warranty (more...)

WARRANTIES OF SEAWORTHINESS IN MARINE INSURANCE (10/5/2001)
Whether a boatowner knows it or not, there are two occasions upon which he will warrant to his marine insurer that his vessel and all of its appurtenances are in tight, staunch, and seaworthy condition. No words need to be spoken and nothing needs to (more...)

UNDERSTANDING THE DIFFERENCES BETWEEN TOWING AND SALVAGE (1/1/2001)

Every year, hundreds of boaters discover first-hand the difference between contract towing and salvage. In many cases, the discovery is made when the surprised boat owner receives a bill for a salvage reward as opposed to a bill for towing services. (more...)

MARITIME DEBT COLLECTION (4/1/1999)
(Spring 1999) Marinas, boat yards, and other marine contractors who supply vessels with wharfage, repairs, fuel and other supplies (often referred to as “necessaries”), hold two very powerful means by which to collect their unpaid bills. The (more...)