Insurance related problems in bareboat charter agreements
نویسندگان
چکیده
Abstract In 2017, the majority of United Kingdom Supreme Court held in its judgment Gard Marine and Energy v China National Chartering ( The Ocean Victory ) case that, bareboat charters under ‘BARECON 89’ form, if both owner charterer are jointly insured a hull policy, damages caused to vessel by cannot be claimed insurer way subrogation after indemnifying owner. interpretation charter party leads conclusion that liability between parties is excluded. Faced with Court’s decision, Baltic International Maritime Council (BIMCO) adopted new standard agreement only few months later, 2017’ which amends, among other clauses, one related insurance. present paper analyses (i) wording clause mentioned above (ii) incidence on relationship insurance contract consequences for possible third parties. Despite BIMCO’s attempt change solution his willingness allow claim against person who causes loss, consequences, as it will seen, do not differ much practice when wrongdoer co-insured charterer. On contrary, loss time or sub-charter, principle, there no impediment sue him.
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ژورنال
عنوان ژورنال: Journal of Shipping and Trade
سال: 2021
ISSN: ['2364-4575']
DOI: https://doi.org/10.1186/s41072-021-00093-3