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M-info

Blogs on maritime case law and a few other things

Apr 5
2 min

Arrest by Indonesian navy for illegal anchoring leads to a constructive total loss claim under the war risk policy

The Win Win [2024] joins The Afra Oak [2023] as another case involving ship arrest by Indonesian navy for illegal anchoring. In this...

Aug 20, 2023
2 min

Insurance

Hull insurance and Class rules

Classification societies provide a system of assurance for the insurers. Hull policies are often subject to the vessels maintaining...

May 9, 2021
1 min

Insurance

Utmost good faith - owner not disclosing all facts

The doctrine of uberrimae fidei (utmost good faith) is an ancient one. Many countries have in the recent past moved away from it and...

Apr 25, 2021
1 min

Insurance

Email fraud & insurance for cyber risks

Cyber risk space is quite new for most and very technical. Many businesses may not have a good grasp of the risk landscape resulting in...

Dec 31, 2020
1 min

Class

Cargo insurance, Institute Classification Clauses & ship's Class

Classification of a vessel with a member society of IACS is usually considered as a yardstick by insurers to judge whether the risk can...

Dec 31, 2020
1 min

Insurance

‘All risks’ business interruption policies & COVID-19

Covid-19 has thrown business (and life) in turmoil. Many businesses do have standard ‘all risks’ business interruption policies but do...

Dec 31, 2019
1 min

Insurance

Grounded yacht looted - can claim under the insurance policy?

The Creola [2019], a case of a grounded yacht focused on some interesting aspects of marine insurance law. After being abandoned, it was...

Aug 4, 2019
1 min

Insurance

SCOPIC costs alongwith salvage charges to be included when deciding a vessel is CTL?

If the ship is not financially worth repairing after suffering damage in an accident then it is deemed to be a constructive total loss...

Nov 4, 2018
1 min

Insurance

Due diligence, SMS & insurance claims

The DC Merwestone made headlines in 2016 for court’s decision that when an insured employs a fraudulent device to advance an otherwise...

Nov 4, 2018
1 min

Insurance

'Pay to be paid' principle of P&I Clubs

Can a P&I Club's 'pay to be paid' principle be circumvented? This was the question before a Brazil appeals court last month. The claim...

May 27, 2018
1 min

Insurance

Drugs found attached to hull, vessel confiscated & insurers refusing to pay out the claim

Unsuspecting vessels are commonly used for smuggling drugs out of Venezuela. The most commonly used methods is to attach the drugs onto...

May 6, 2018
1 min

Insurance

Seller doesn't ship the cargo, but obtains payment from the buyer. Can an 'all risk policy' respond?

All Risk Marine policy doesn't really provide cover for all kinds of contingencies. In a recent case Englehart CTP v Lloyd’s Syndicate...

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M-info

Blogs on maritime case law and a few other things

Contributors:

Siddharth Mahajan

Nishant Dhyani

Views expressed by the authors are their own and not that of the organization they work for.

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