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 “utmost good faith and fair dealing.” This... Read More »
Jun
30
Oct
05
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 in which there exists a threat of damage to the... Read More »
Oct
05
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. Co-salvage situations most commonly occur near busy harbors or other... Read More »
Oct
05
Contrary to popular belief, a contract of marine towage does not create a bailment. Case law has long established that he owner of the boat being towed is not a bailor, and the towboat operator is not a bailee. (more…)
Oct
05
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 significant challenges to salvors and their attorneys today.... Read More »
Oct
05
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. (more…)
Oct
05
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 Guard of "reportable marine casualties" - regardless... Read More »
Oct
05
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 his salvage efforts fail, or in the... Read More »
Oct
05
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 be written in order for... Read More »
Oct
05
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 of workmanlike performance (“WWLP”) is just such a rule, since it owes its... Read More »