Editor: Simon Harter
Source: MLA
Date: July 1, 2001
Committee:
MARINE INSURANCE AND GENERAL AVERAGE
MLA
SPECIAL REPORT
MARINE PROTECTION & INDEMNITY
POLICY ANNOTATIONS PROJECT
Subcommittee
on Hull and P&I Insurance
Committee on Marine Insurance and General
Average
Maritime Law Association of the United
States
Summer
2001
TABLE
OF CONTENTS
Introduction William R. Dorsey,
III
Editor's Note Simon Harter
POLICY
ANNOTATIONS
1.
The Insuring Clause, Simon Harter
2. Loss Of Life, Injury And Illness,
Stephen
M. Calder, Henry C. Lucas, II
3. Loss To Property By Collision And
Other Causes, Blake W. Larkin, Carolyn Shields
4. Wreck Removal, Guilford D. Ware
5. Loss To Cargo, Susan Bogart
6. Fines And Penalties, Mutiny, Quarantine,
Deviation And General Average Expenses, Peter
L. Hilbert
7. Costs of Defense, Notice And Settlement
of Claim, Assistance And Cooperation, Warren M. Faris, Mat.
M. Gray, III
8. Subrogation, George W. Nowell
9. Cover Elsewhere, Stephen V.
Rible
10. Assignments, George W. Nowell
11. Actions Against Insurers And Time
Limitation, Dennis J. Seider
12. Lay-Up Returns And Cancellation
Provisions, Matthew A. Marion
13. Exclusion Of Hull Coverage And
War Risks, John M. Woods
14. Exclusion Of Cancellation Of Charter
and Liability Arising Out of Towage, James Swinnen
15. Limitation Of Liability To That
Of Shipowner, Robert T. Lemon, II
16. Limitation of Liability To That
Imposed In Absence Of Contract, Warren J. Marwedel
17. Limitation Of Amount Insured -
Any One Accident Or Occurrence, Stephen M. Calder, Robert T.
Lemon, II
SPECIAL
TOPICS
18. Choice of Law In P&I Insurance,
J.
Barbee Winston, David B. Sharpe
19. Uberrima
Fides And Concealment In
The Marine Policy Application, Graydon S. Staring
20. The Implied Warranty Of Seaworthiness
In The Marine P&I Policy, Graydon S. Staring
21. Express
Warranties, Edward F. LeBreton, III, Marc Thomas Summers
22. Coverage Of Liability For Punitive
Damages, Matthew Eisele, J. Stevenson Weimer
23. Direct Action Statutes And P&I
Insurance, Michael J. Maginnis, José R. Cot
24.
A Comparison Of The SP-23 and SP-38 Forms, F. Ty Edmonson
INTRODUCTION
MARINE PROTECTION AND INDEMNITY POLICY
ANNOTATIONS PROJECT
In my view one of the most important
functions that a bar association performs is to keep its members current
on various aspects of the law and provide assistance and guidance to practitioners
in ways that might not be readily available elsewhere. With the publication
of this Marine Protection and Indemnity Policy Annotations Project, the
Maritime Law Association's Committee on Marine Insurance and General Average
and Subcommittee on Hull and P & I Insurance Coverage have made a truly
significant contribution to the aims and goals of this Association and
have provided a work of great benefit to its members.
As editor Simon Harter has indicated in
his Editor's Note, the project was conceived by Edward F. (Bret) (LeBreton
and James Sutterfield, both of New Orleans, who first discussed the project
at a fall meeting of the Association in 1991. It is the successor of a
joint project of the ABA and the MLA which resulted in the publication
of P & I Annotations in 1982 with a later addenda in 1985. Initially
the current project was under the supervision of Bret LeBreton, a former
Chair of the Hull and P & I Subcommittee and of the Marine Insurance
and General Average Committee. He began the task of assembling the extensive
team of contributors and giving direction to the project. Eventually the
leadership of the project was taken over by Simon Harter, the immediate
past Chair of the Hull and P & I Insurance Subcommittee, who is the
editor of this publication. It is mainly because of his herculean efforts
and the imposing tasks of bringing this project to completion has been
done so successfully.
Simon and Bret have not only provided
their leadership and organizational abilities in the preparation of this
publication, but they have written chapters as well. In addition, twenty-seven
other members of the MLA have contributed to this work. The end product
is a publication that collects in one volume the annotations to the primary
provisions of the most frequently utilized U.S. marine P & I policy
form. In short, the publication is a unique and extremely useful tool for
any maritime practitioner dealing with P & I insurance matters.
The Association is grateful for all the
time and effort put into the project by Simon Harter, Bret LeBreton, and
the twenty-seven other members who authored portions of the work. They
should be proud in the knowledge that they have performed a valuable and
lasting service to the Association.
William R. Dorsey, III
President
The Maritime Law Association of the United
States
June 2001
EDITOR'S
NOTE
This project was conceived by Edward F.
("Bret") LeBreton III and James R. Sutterfield, both of New Orleans, and
has been carried out under the auspices of the Subcommittee on Marine P&I
Insurance (now the Subcommittee on Hull and P&I Insurance) of the Committee
on Marine Insurance and General Average of the Maritime Law Association
of the United States. As the initial project editor and in successive roles
as Chair of the Hull and P&I Subcommittee and of the Marine Insurance
and General Average Committee, Bret LeBreton was a major force in assembling
the team of contributors to this project and starting the ball rolling.
The challenging task of bringing the project
to completion was very ably and enthusiastically overseen by Jean E. Knudsen
of New York, the current Chair of the Marine Insurance and General Average
Committee, who in turn received strong support from Howard M. McCormack
of New York, Immediate Past President of the MLA, and William R. Dorsey,
III of Baltimore, the Association's current President.
Particular appreciation is owed, of course,
to the contributing authors who gave very generously of their time and
expertise in preparing the following chapters.
Since U.S. commercial marine insurance
coverage is now largely written on the SP-23 form, each author has used
the corresponding section of the form as the basis for the particular chapter.
We have also included a number of special topics of added relevance to
the marine insurance attorney. To those readers who are relatively new
to this subject, we recommend that you begin at the end by reading the
excellent comparison of the SP-23 and SP-38 forms by F. Ty Edmonson of
Boston, which provides a clear and comprehensive overview of the nature
and scope of U.S. marine P&I coverage.
Finally, although much effort has been
made to provide current information and discussion, the area of P&I
insurance is actively litigated and, thus, constantly evolving, and we
therefore suggest that this work be treated as but one component of your
research and analysis.
SIMON HARTER of New York
Editor and Immediate Past Chair,
Subcommittee on Hull and P&I Insurance
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