Publications

Subrogation and Maritime Claims

Year of Publication: 2022
Month of Publication: 10
Author(s): Robert Merkin and Aybüke Naz Durmuş
Research Area(s): Admiralty/Maritime Law
Name of Working Paper Series:

NUS Law Working Paper No. 2022/018

NUS Centre for Maritime Law Working Paper 22/06

WPS Paper Number: LAW-WPS-2218
Abstract:

This paper discusses the scope of subrogation as it operates for maritime claims. There is hardly a claim that does not involve insurers as both hidden claimants (by way of subrogation) and hidden defendants (under liability covers). Typical claims include those by cargo owners or their banks against shipowners and charterers, collision actions and general average claims by shipowners against cargo owners/charterers. Shipowners are insured under hull and machinery policies for first party losses and, by P&I Clubs, against liability for collision and cargo claims, cargo owners are insured against loss of or damage to cargo and for general average contributions, lending banks are insured against mis-delivery and buyers are insured against trade debt defaults. However, the codified regime governing these relationships — s 79 of the Marine Insurance Act 1906 (UK) — is an incomplete and, in some circumstances, inaccurate statement of the law as it had developed up to 1906. The paper examines some of the deficiencies in the regime as well as novel issues that have arisen since the law was codified.

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