Published 2014-09-10
Keywords
- negligence,
- crew negligence,
- marine insurance,
- Marine Insurance Act 1908 (NZ),
- reasonable care clause
- perils of the seas,
- acts by master and crew,
- due diligence,
- Inchmaree Clause,
- seaworthiness,
- time policies ...More
Abstract
This paper contains the slides for Merkin's presentation on Crew Negligence in Marine Insurance. In this presentation, applying relevant case examples, Merkin discusses the effect of negligence on insurance claims in New Zealand, 'reasonable care' clauses, negligence as a peril of the seas, the Inchmaree Clause, unseaworthiness in time policies, the concept of suing and labouring (and a duty to do so), and what steps can be taken to avoid a peril.