The

Marine Law

Box

by Dr. Arun Kasi

What is in this Bulletin?

  • Technip Saudi Arabia Limited v The Mediterranean & Gulf Insurance and Reinsurance Co. [2024] EWCA Civ 481
    • WELCAR 2001 Offshore Construction Project Policy.
    • Damage to offshore oil production platform caused by the negligence of owners of vessel chartered by one of the insureds.
    • Claim under Section II of the WELCAR policy in respect of liabilities of one insured to another.
    • Effect of the “Existing Property Endorsement” commonly incorporated in a WELCAR policy.

 

  • Royal & Sun Alliance Insurance Plc and others v Textainer Group Holdings Limited and others [2024] EWCA Civ 547
    • Rights of subrogation.
    • Allocation of recoveries.
    • Principle of averaging.
    • Insurance arranged in layers.
    • Loss exceeding amount of insurance.
    • Whether recoveries from third party went to reducing uninsured loss or were to be shared proportionately between insurer and assured.
    • Application of the top-down principle.
    • Section 81 of the Marine Insurance Act 1906.

 

  • Rhine Shipping DMCC v Vitol SA [2024] EWCA Civ 580
    • Charterparty.
    • Warranty that vessel was free of encumbrances.
    • Right of charterer to indemnity in event of detention.
    • Effect of internal hedging by charterer.
    • Remoteness of loss.
    • Oppositional risk.
    • Quantification of the avoided loss.

Bulletin of

Arun Kasi & Co

International Maritime Lawyers and Arbitrators

Bulletin No. MLB 22/2024

30 Sept 2024 https://arunkasico.com

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MLB-22-2024

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Issue 7 | Sept 2024

Dr. Arun Kasi