library

   
Table of Contents and Introduction
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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