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In an unpublished opinion, the US Court of Appeals for the Eleventh Circuit ruled that a vessel that has survived a hurricane without damage is not in a situation of reasonable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

Legal

Iran: Revolutionary Guards Seized Ship for Legal Reasons

Naval units from Iran's elite Islamic Revolutionary Guards Corps (IRGC) seized a cargo ship in the Gulf on Tuesday for legal reasons, an IRGC source was quoted as saying by state news agency IRNA.

Committee to Consider Coast Guard Authorization Bill

The U.S. Committee on Transportation and Infrastructure, chaired by U.S. Rep. Bill Shuster (R-Pa.), will mark up legislation this week that authorizes United States

Groups Seek US SEC Probe of Shell Arctic Drilling Risk Disclosures

An environmental group and a law clinic petitioned the U.S. Securities and Exchange Commission to investigate whether Royal Dutch Shell has adequately disclosed

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Navigation Pipelines Port Authority Salvage Shipbuilding / Vessel Construction 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: 0.0969 sec (10 req/sec)