Workshop A

Denying cover as a marine insurer: plain sailing or dead in the water?

Traditionally, marine insurance may cover a broad range of perils, damage and losses related to ships and watercraft sailing on the high seas or inland waterways, and the cargoes they carry. For vessel owners and charterers, marine insurance covers risks, which allows them to avoid losses and run their business with the certainty that their exposure to the risks insured is covered. However, marine insurance is not meant to cover all risks, and there are obligations the insured party must fulfil to be able to make a claim. Accordingly, express or implied warranties or other terms limit the scope of exposure for marine insurers, and a breach of these may allow the insurers to escape liability. The workshop will focus on H&M and P&I insurers’ grounds for denying coverage in the event of a breach of an express or implied warranty in the policy or other objectionable conduct by the insured party.

 

Workshop Schedule:

14.30 – 16.00 on Wednesday 2 September

 

Panelists

Robert Hoepel, AKD, The Netherlands

Tom Turner, Hill Dickinson, UK

Diego de San Simón, San Simón & Duch, Spain

Turo Sumu, Borenius, Finland

Dmitry Zagorodnyuk, InterLegal, Ukraine

 

COMMISSION: Transport Law

GENERAL REPORTERS

F. Javier Zabala Scott Pilkington
Christian Bjørtuft Ellingsen Friborg Niels J. - Transport Law - WshpA

Niels Jørn Friborg

 

SESSION DOCUMENTS

National Reports:

Argentina

Estonia

Finland

France

Germany

Latvia

Lithuania

Netherlands

Norway

Portugal

Spain

Turkey

Ukraine

USA