Marine insurance & claims
Marine claims come with their own unique problems, and we know that dealing with claims and disputes in this area can be a challenging and frustrating process.
We can help with a wide range of issues including:
- Negligence claims – assistance in relation to pursuing claims for losses suffered as a result of negligence, including claims against surveyors, third parties in respect of collision damage (see Marine Casualties) and claims for uninsured losses;
- Breach of contract claims – advice in pursuing claims for losses suffered as a result of a breach of contract, including charter agreements, sale or purchase agreements, repair or refit contracts;
- Defended claims – advice in relation to defending claims being pursued against an insured party in respect of a liability which is covered by their insurance policy.
- Insurance coverage and policy advice – advice on the wording of insurance policies and coverage issues;
- Disputes – advice in relation to disputes (including cross border) arising under insurance policies, including managing claims in other jurisdictions.
Because incidents frequently take place in international waters or with vessels with foreign flags we have considerable expertise in working across jurisdictions together with our tried and tested network of foreign correspondent lawyers and other experts. It also gives us the ability to give you an early assessment of risks you might face, seek to minimise those risks and find the most commercial outcome for you.
Marine casualty & admiralty claims
Navigating your way through an admiralty claim or the after effects of a marine casualty is a difficult process. Our specialist marine solicitors understand what is involved and will be happy to help you, whatever the issue.
- Collision liability: advice on law and jurisdiction; liability under Collision Regulations, provision of security, arrest and release of vessels;
- Marine Salvage: advice on requirements for salvage, salvage remuneration, provision of security and release of vessel;
- Obtaining security: we have a great deal of experience in advising our clients on how and when to obtain security for a claim; arresting vessels to obtain security; quantum and guarantee wording to ensure you have the best possible outcome;
- Limitation funds: We can provide advice on your calculation of limitation, establishing a fund, advise when limitation applies and how it can be challenged;
- MCA and MAIB investigations: our marine solicitors can give you advice on how to respond to investigations, the powers of investigators and how to handle interviews. MAIB investigate marine accidents involving UK vessels worldwide and all vessels in UK territorial waters.
- Personal injury and fatality claims: our team can help, advise and act for ship owners and their P&I insurers in defending claims brought by crew, passengers and shore personnel in respect of injuries sustained on board vessels. From the protocol stage through to trial we can provide the most appropriate legal advice. We have a great deal of experience in advising on all types of injury or fatality claims, both internationally and domestically. We can advise on Athens Convention limitation issues. We can represent interested parties at inquests if required.
- Vessel arrests (debt recovery): Arresting a vessel is a very effective way of recovering a debt owed by its owner. Our marine lawyers can advise on such claims and handle the arrest procedure for you or advise how to respond to the situation if your vessel is arrested