Improving Weather Conditions may Vitiate Marine Peril

Monday, March 24, 2008

In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit ruled that a vessel that has survived a hurricane without damage is not in a situation of reasonable apprehension of marine peril when the weather is dramatically improving.  In the instant case, a yacht was in port in Southern Florida during hurricane conditions.  When plaintiff towing and salvage company arrived on scene, the yacht was tied to another vessel, but there were damaged concrete pilings in the vicinity.  The trial court found that the center of the hurricane had passed and that weather conditions were improving dramatically.  Plaintiff voluntarily moved the yacht to a safer location and then asserted a salvage claim.  The court held that there was sufficient evidence in the record to support the finding that there was no reasonable apprehension of marine peril when plaintiff rendered its services.  Thus, plaintiff was entitled to an award for towage services rather than a salvage award.  Cape Ann Towing v. M/Y Universal Lady, No. 07-13237 (11th Cir., March 11, 2008) (Source: HK Law).

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter July 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Swiber Applies for Judicial Management Instead of Liquidation

Singapore oilfield services company Swiber Holdings Ltd said on Friday it has applied to place itself under judicial management instead of liquidation.   Swiber

Daewoo Shipbuilding: $1.4 bln order Cancelled

Cancelled order part of Statoil's Bressay project. South Korea's Daewoo Shipbuilding & Marine Engineering Co Ltd on Friday said a 1.58 trillion won ($1.41 billion)

Gener8 Maritime Net Income Up 91%

Announcing its financial results today for the three and six months ended June 30, 2016 Gener8 Maritime, Inc. reported net income of $38.0 million, or $0.46 basic and diluted earnings per share,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Navigation Offshore Oil Pipelines Salvage Ship Electronics Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0671 sec (15 req/sec)