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In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit ruled that a vessel that has survived a hurricane without damage is not in a situation of reasonable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 November 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds


Canada to Aid Developing Nations Fight Climate Change

Canada will provide aid to developing countries to combat climate change, Prime Minister Justin Trudeau announced on Friday ahead of talks on global warming,

Lighter, Longer-lasting Laminate from Dimension-Polyant

Dimension-Polyant, part of the DEUTSCHE YACHTEN working group, has developed a longer-lasting but lighter surface laminate for the discerning owner and skipper,

Extended Warranty from Yanmar for Sailboat Engines

Yanmar Marine International B.V. has introduced an extended 3 years’ period of YANMAR Limited Warranty for Sailboat Engine Models. This extended warranty of

Maritime Careers / Shipboard Positions Maritime Contracts Pipelines Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction 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: 0.0619 sec (16 req/sec)