SUBROGATING MARINE AND INLAND MARINE CLAIMS

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SUBROGATING MARINE AND INLAND MARINE CLAIMS

• Randall K. Roonan, Esq.

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GRAHAM, MILLER, NEANDROSS, MULLIN ROONAN, LLC
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SUBROGATING MARINE AND INLAND MARINE CLAIMS

• Purpose of the Course

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HISTORY OF INSURANCE

• Marine Insurance
• Inland Marine Insurance

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HISTORY OF MARINE INSURANCE

• Researches into the antiquity of maritime
  jurisprudence will not appear unless to persons
  who will remark that these ancient doctrines,
  several of which are now obsolete, are still the
  foundation of those now in force and that
  consequently it is difficult to comprehend many
  rules of modern law without recourse to the
  ancient. Emerigon

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HISTORY OF MARINE INSURANCE

• The history of marine insurance has been
  the subject of several very able monographs,
  amongst which may be particularized the works of
  Fredrick Martin, unfortunately now out of print.
  Victor Dover, 1924
• What does this mean?

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ROONANS HISTORY OF MARINE INSURANCE
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ROONANS HISTORY OF MARINE INSURANCE

• Ancient Times
• 900-907 B.C. General Average Rhodes
• 200 A.D. General Average Roman Law - Digest of
  Justinian
• 533 A.D. Bottomry First historic reference to
  feonus nauticum
• 1310 Chamber of Insurance Established in Bruges,
  Germany
• 1318 A.D. Ordinance of Pisa Codification of
  Marine Insurance in Lombardy, Italy
  (Florence/Genoa)

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ROONANS HISTORY OF MARINE INSURANCE PART II

• 1601 First Reference to Marine Insurance in an
  English Statute

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ROONANS HISTORY OF MARINE INSURANCE PART II

• 43 Elizabeth Ch. 12
• It hath been . . . an usage amongst merchants
  both of this realm and of foreign nations when
  they make any great adventure to give some
  consideration of money to other persons to have
  for them assurance made of their goods,
  merchandises, ships and things adventured . . .

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ROONANS HISTORY OF MARINE INSURANCE PART II

• 43 Elizabeth Ch. 12
• Birth of Arbitration
• Court of Arbitration v. Court of Chancery

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WHAT IS INLAND MARINE INSURANCE?
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INLAND MARINE INSURANCE DEFINED

• Rupp's Insurance Risk Management Glossary
  defines Inland Marine Insurance as, coverage for
  property that involves an element of
  transportation. The property must be actually in
  transit, held by a bailee, at a fixed location
  that is an instrument of transportation, or be a
  movable type of goods that is often at different
  locations.

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NAIC Definition

• The Nationwide Inland Marine Definition adopted
  by the National Association of Insurance
  Commissioners (NAIC)1 includes a variety of
  exposures and methods of insuring those
  exposures. They are
• ImportsExportsDomestic shipmentsBridges,
  tunnels, and other instrumentalities of
  transportation and communicationPersonal
  property floater risks and,
• Commercial property floater risks.

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FORMS OF COVERAGE

• Bicycle floater Jewelry floater
• Camera floater Livestock floater
• Contractors' equipment floater Fur floater
• Equipment dealers floater Pattern and die
  floater
• Equipment floater Personal articles floater
• Fine arts floater Personal property floater
• Installation floater Salesperson's samples
• Unscheduled property floater Wedding presents
  floater
• Physicians' and surgeons' equipment floater

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MARINE INSURANCE

• Cargo Insurance
• Hull Insurance

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MARINE INSURANCE

• Limitation of Liability
• Economic Loss Doctrine/ Implied Warranty of
  Workmanlike Performance
• Rules of Navigation

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Limitation of Shipowners Liability Act

• 46 U.S.C. 183

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ECONOMIC LOSS DOCTRINE

• Implied Warranty of Workmanlike Performance

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RULES OF NAVIGATION

• International
• Inland Waterways

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INTERNATIONAL RULES

• Convention on the International Regulations for
  Preventing Collisions at Sea (72 COLREGS)
  Adopted by U.S. in 1977
• Amended in 1983 and 1989
• Apply on waters outside of established
  navigational lines of demarcation
• 33 CFR 80

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INLAND NAVIGATION RULES

• Inland Navigation Rules of 1980
• Replaced the old Inland Rules, the Western River
  Rules, the Great Lake Rules and the Motorboat Act
  of 1940
• U. S. Coast Guard Navigation Center
• www.navcen.gov

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SOVEREIGN IMMUNITY
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SOVEREIGN IMMUNITY

• English Law The sovereign can do no wrong
• US Supreme Court There can be no legal right
  against the authority that makes the law on which
  the right depends..

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SOVEREIGN IMMUNITY

• FEDERAL TORT CLAIMS ACT
• 28 U.S.C. 2671 et seq.
• Exceptions 28 U.S.C. 2680 - Customs

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SOVEREIGN IMMUNITY

• STATE LAW
• Varies
• Private Right v. Subrogation
• Be Specific

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BAILMENT
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COMMUNICATION INFRASTRUCTURE CLAIMS
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PLANE CRASHES
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FEDERAL MOTOR CARRIERS SAFETY ADMINISTATION

• http//safer.fmcsa.dot.gov/

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ALARM SYSTEM FAILURES