We have advised on:
breach of warranty of seaworthiness in a time policy where the engine-room sustained damage following engine breakdown caused by faulty pistons;
liability of underwriters under Institute War Clauses in respect of damage to hull and engine-room during heavy fighting in the Iranian Gulf including the issue as to whether a part-fraudulent and a part-genuine claim invalidated the whole claim;
the effect of unauthorised deviation causing damage to a vessel under a voyage policy;
the loss of a vessel resulting from a combination of insured and uninsured perils;
the effect of a “follow the settlement” clause in a reinsurance contract
General Average contribution by cargo interests where damage was caused by fire;
damage to anchors resulting from breach of Port Authority’s responsibilities;
damage to an oyster-farm as a result of grounding of a fishing vessel;
damage to an offshore supply vessel as a result of loading and unloading of heavy equipment at sea;
failure by an assured to disclose falsified documents (breach of neutrality);
a claim under a ship-repair contract for negligent repairs to hatch covers;
a claim under a shipbuilding contract for late delivery as a result of negligent fitting of ROVs and cable-laying equipment;
Total loss resulting from impact with floating objects
Advising shipyard on rights to claim under composite builder’s risk insurance policy. Considering rights of co-assureds under composite policies in circumstances where on co-assured may be negligent. Whether or not co-assured needs to be specifically named or whether a generic description will suffice
a claim for damage, under a hull & machinery policy, to a heavy lift crane; acting for owners in respect of a claim for hurricane damage to a heavy lift crane; negotiating repair contracts and finances for the repair.
loss of cargo due to the sinking of vessel; advising cargo interests and underwriters; advice on wilful misconduct by assured; issues of unseaworthiness and title to sue.
Loss or damage to cargo
We have advised in relation to:
bacterial damage of chilled and frozen meat product; considering the effects of storage and processing;
claims resulting from contamination of frozen poultry.
Return of premium
We have advised insurance brokers on the return of premium resulting from misrepresentation and/or negligence.
Rights of co-assureds
We have advised on the rights of co-assureds under composite policies in circumstances where one co-assured may be negligent.
We have advised on whether or not the co-assured needs to be specifically named or whether a generic description will suffice.
Breach of sanctions
We have advised on the effect of breach of sanctions on underwriters’ liability under MAR91 policy.
Breach of warranty of good faith
We have advised on the effect of a breach of warranty of good faith.