Academic Case Study: Law of salvage in restricted marine insurance
Abstract
Representing the backbone of global trade, the marine industry is intrinsically vulnerable to numerous perils. Common challenges encompass mechanical failures, adverse weather conditions, collisions, groundings, and other sea hazards. Accidents lead to ongoing salvage efforts that, although crucial for the preservation of life and property, may result in perplexing legal and financial consequences, especially with regard to the extent and applicability of insurance coverage. This paper provides a critical analysis of the challenges arising from the concessions that the insured must accept for an A-rated insurance coverage of assets otherwise uninsurable at a fair price. Considering the unequal access to information, the authors elaborate how these intricate issues may de-facto lead to a non-existent insurance coverage amid a crisis. Legal and practical ramifications of unrequested salvage services, the responsibilities of ship owners in such circumstances, and the criteria for appropriate salvage award assessment are extensively discussed. Meticulous and detailed examination allows to furnish pertinent insights into matters of concern for the insurance businesses, ship owners, salvors, and other maritime industry stakeholders.
Keywords
Insurance, Marine Insurance, Salvage, General Average, Proximate Cause, Burden of Proof
DOI: https://doi.org/10.63332/joph.v5i10.3550
