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In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit ruled that a vessel that has survived a hurricane without damage is not in a situation of reasonable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 May 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

STX Shipbuilding Likely to Enter Court-lead Restructuring

South Korean shipbuilder STX Offshore & Shipbuilding Co Ltd will likely need to enter court-supervised receivership due to financial difficulties, the firm's lead

SOLAS Container Weight Requirements FAQ

With new rules regarding the declaration of the accurate gross mass of a packed containers due to enter force, the International Maritime Organization (IMO) answers

Primeline Turns Against CNOOC

Primeline Energy Holdings Inc. announces that it has sent a letter to China National Offshore Oil Corporation (CNOOC) and CNOOC China Limited (CCL) (together CNOOC

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Offshore Oil Pipelines Pod Propulsion Salvage Ship Electronics Winch
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: 0.0617 sec (16 req/sec)