London Salvage Association News

Insurance: Make a List, Check it Twice

The U.S. Court of Appeals for the Eighth Circuit ruled that a marine insurer is liable for losses of unsurveyed cargo where the policy failed to list the cargo as requiring survey prior to shipment. In the instant case, plaintiff purchased electrical generators to be shipped from Japan to the United States and become part of a new power plant. The entire project was insured by a syndicate from Lloyd’s of London. The policy included a provision requiring survey by the London Salvage Association of certain “critical items” and its approval of the ship to be utilized, stowage, and anticipated weather conditions en route. The policy included a section entitled “List of [critical] items”, but no items were ever listed. The electrical generators were damaged during a storm en route.