i-law

Shipping and the Environment


Page 859

CHAPTER 21

Hull and cargo insurers

Colin de la Rue Former solicitor and partner Ince & Co, London Charles B. Anderson New York, Attorney and Maritime Arbitrator Former Senior Vice President and Head of Office Skuld North America Inc. Jonathan Hare Former General Counsel, Assuranceforeningen Skuld, Oslo

Introduction

The cover afforded by most standard forms of marine hull and cargo insurance is in general confined to loss of or damage to the insured property. In certain cases ancillary cover is available for liabilities incurred by the assured, but in such instances the general trend is to exclude cover for pollution liability risks. On the law as it stands in most countries it is relatively rare for pollution liabilities to be incurred by the owner of the cargo,1 and far more commonplace for it to fall on the owner of the carrying vessel. Accordingly, the insurance implications of marine pollution are principally the concern of P&I Clubs and other insurers providing shipowners’ liability cover.2

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