Published 1995-11-05
Keywords
- negligence,
- ship maintenance,
- Institute Time Clauses Hulls,
- crew negligence,
- Classification Society
- ship classification,
- seaworthiness,
- due diligence,
- limitation of liability,
- perils of the seas,
- time policies,
- marine insurance,
- marine underwriter,
- Marine Insurance Act 1906 (UK),
- Inchmaree Clause ...More
Abstract
As with several other authors at the 1995 MLAANZ Conference, Hill presents on the topic of the new Institute Time Clauses - Hulls (1/11/95). Hill questions whether, on a practical level, underwriters have been maintaining negligence on the part of the master or crew by covering such instances under marine insurance policies, and thereby encouraging the cutting of corners by the shipowner and rewarding bad maintenance. To this end, Hill goes through some of the major changes in the new Institute Time Clauses - Hulls (mostly in Clause 6) and their background (including a host of recent cases on liability for a ship's unseaworthiness).
Hill concludes that neither the changes to Clause 4 (Classification) nor the widening of the proviso to Clause 6.2 (the Inchmaree Clause) should affect the 'good' owner, but will rather put pressure on the 'bad' owner to amend their ways and introduce proper systems.