Admiralty Law and Marine Insurance Update. RVOC SEATTLE APRIL 30, 2015 Dennis Nixon, UNOLS Legal Advisor
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1 Admiralty Law and Marine Insurance Update RVOC SEATTLE APRIL 30, 2015 Dennis Nixon, UNOLS Legal Advisor
2 Outline World Insurance Market UNOLS Fleet Insurance Numbers Relevant Vessel Casualties Relevant Legal Decisions Conclusions
3 World Insurance Market
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8 UNOLS Insurance
9 UNOLS Insurance Global/Ocean $600, $500, $400, $300, $200, $100, $0.00 Marcus G. Lanseth Thomas G Thompson UW Sikuliaq Alaska* Atlantis WHOI Roger Revelle SIO ** Alaska Sikuliaq 2015
10 UNOLS Insurance Ocean/Intermediate $140, $140, $120, $120, $100, $100, $80, $80, $60, $60, $40, $20, $40, $20, $0.00 Kilo Moana Hawaii Endeavor URI Atlantic Explorer New Horizon Wecoma; Oceanus OSU** 2015 $0.00 Kilo Moana Hawaii Endeavor URI Atlantic Explorer New Horizon Wecoma; Oceanus OSU** ** OSU Wecoma , Oceanus 2015
11 UNOLS Insurance Regional $70, $60, $50, $40, $30, $20, $10, $0.00 Point Sur MLML Hugh R. Sharp Delaware
12 UNOLS Insurance Coastal Local $60, $50, $40, $30, $20, $10, $0.00 F.G. Walton Smith Miami Savannah Skidaway Robert Gordan Sproul SIO Blue Heron Minnesota Pelican LUMCON Clifford A. Barnes UW
13 Relevant Vessel Casualties
14 The Challenge of Large Vessels
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22 Relevant Legal Decisions Two criminal and three civil cases will be reviewed One of the cases is clearly on its way to the Supreme Court and the final outcome will not be known until next year
23 U.S. v. AML Ship Management and Nicholas Sassin Sassin was the Chief Engineer of a vehicle carrier operated by AML Both charged with knowingly dumping oil into US waters off Alaska in August 2014 in violation of the Clean Water Act; also charged with creating and presenting false records Guilty pleas for both, $800,000 in fines and community service
24 Seaman s Manslaughter Act Charges Dropped for Two BP Employees On March 12, 2015, a three judge panel of the 5 th Circuit Court of Appeals ruled that two former BP supervisors will not faces charges under the SMA Court held that the 1838 law was only to be directed at captains, engineers, and pilots, not the supervisors of a drilling operation The two still face 11 counts of involuntary manslaughter charges and many Clean Water Act violations
25 Catlin v. San Juan Towing, First Circuit Court of Appeals, February 15, 2015 Catlin, a Lloyd s syndicate, agreed to insure a floating drydock owned by San Juan Drydock was insured for $1.75 million, despite being offered for sale at $800K Drydock sank, claim for full amount of policy Court held that doctrine of Uberrimae fidei applied (utmost good faith) and invalidated policy
26 Skye v. Maersk Line, Eleventh Circuit Court of Appeals, May 15, 2014 Skye claimed damages under the Jones Act for excessive work hours and an erratic work schedule Jury awarded $2.3 million, reduced to $590K due to Skye s comparative negligence Appeals Court reversed because Skye s complaint of injury caused by work-related stress not compensable under Jones Act, which concerns injuries caused by physical perils only but strong dissent because of outrageous facts in the case
27 McBride v. Estis Well, Fifth Circuit Court of Appeals, September 25, 2014 At trial, court denied recovery for punitive damages for breach of the warranty of seaworthiness In 2013, a three judge panel of the fifth circuit reversed and allowed punitive damages Petition for rehearing en banc (all 14 judges!) In an 8-6 decision, original trial verdict upheld Now on appeal to the U.S. Supreme Court
28 Hicks V. Vane Line, Second Circuit Court of Appeals, April 17, 2015 Hicks claimed Vane breached duty to provide maintenance and cure, and sought compensatory damages, punitive damages, and all attorney s fees for torn rotator cuff Court affirmed jury trial verdict of $322K compensatory, $123 punitive, and $112 in attorney s fees for a total of $557K all because he was forced back to work too soon
29 Conclusions Insurance market relatively stable, still recovering from Costa Concordia Losses in the UNOLS fleet have clearly led to higher premiums Two research vessels lost with loss of life both caused by human error We will likely see a new ruling on punitive damages, which could have a significant impact on both awards and premiums
30 Questions?
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