In a recent decision from the First Circuit Court of Appeals (essentially the federal appellate court for New England) the doctrine of Uberrimae Fidei was held to be an important part of the maritime law. This doctrine of good faith allows a marine insurer to declare its policy void from inception if it can show the insured failed to disclose a circumstance that materially affects the insurer's risk. As you can imagine, when a vessel owner makes a claim the marine insurer is likely going to carefully review the claim against the backdrop of this doctrine. A vessel owner facing a marine insurer trying to avoid paying a claim based on this doctrine of Uberrimae Fidei should speak to experienced maritime legal counsel who can help chart a course through these tough waters. Read the decision by clicking HERE.
Underway and making way.
By John Fulweiler