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Verisona: Marine Lawyers And Maritime Law

Marine lawyers specialise in a fairly obvious area of the law; maritime law. In other words, the law of the ocean.

Confusingly, ‘The Law of The Sea’ is actually a separate matter. That’s an international UN convention on territorial boundaries and national rights to navigational routes, mineral resources and legal jurisdiction that your average commercial Marine solicitors will rarely have to deal with other than as a point of reference. Big cases in this area tend be resolved by governments rather than individuals.

Separate to this UN convention is maritime, or Admiralty law. This is an extremely specialised area of the legal profession as it combines both domestic law and private international legal agreements. It deals with matters such as marine commerce, navigation, international shipping, the rights of sailors and crew, as well as the rights and transportation of passengers by sea.

It may sound odd, but this body of law also covers many commercial activities on land – even if they take place entirely upon land – if they are of a maritime character.

The main difference from other bodies of law is that marine lawyers have to be particularly concerned with jurisdiction and international legalities. Although each country has a specific jurisdiction, Admiralty law draws upon numerous multilateral international treaties and a history of arrangements between private organisations and national governments.

The other big differences are that maritime law, though it has been standardised in recent years, is that it’s extremely old. Maritime trade is one of the earliest channels of commerce between nations and the complications of working in several different nations have led to a huge body of legal precedent. Also, in many criminal cases where a jury would be required on land, maritime cases are almost exclusively settled by a judge – or at most, a panel of judges.

Unsurprisingly given the history of our island nation, Britain is extremely central to maritime law. Almost all of the Commonwealth countries – Pakistan, Singapore, India, Canada, Australia and many more – follow English statutes and case law to a great extent and international law is based heavily upon the statutes set down by the 17th century Admiralty.

Marine lawyers are the only legal specialists qualified to help people involved in cases involving harbour or port authorities; marine insurance claims; passenger and crew injury liability; salvage rights; yacht and motorboat sale/registration/theft; vessel finance; maritime import/export, VAT and customs and many, many more cases.

If you’re involved in any claim or dispute like this then don’t rely on your typical accident or injury lawyer – make sure you employ a maritime specialist.

Victor Gomes is a renowned author on various law related articles. For more information on Marine lawyers, please visit www.verisona.com.


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Marine Lawyers

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If you have a boat, but need assistance in any legal matters, then marine lawyers who specialise in maritime legal needs are what you need. You should find lawyers who understand the legal, practical, technical and international problems experienced by mariners, ones that have plenty of expertise in this specific area, as there are many subtleties that non specialist lawyers are likely to be unaware of.

Marine lawyers will act for P&I Clubs, shipowners, insurers, yacht owners, charterers and all sectors connected with the industry. They should also have considerable expertise in relation to marine personal injury investigation, litigation and mediation.

In particular, you will need a firm which can assist with various issues, including litigation in the Admiralty Court, arbitration and mediation, as well as personal injury investigations on yachts, fishing boats and commercial vessels.

You may also need assistance with yacht and motorboat buying and selling, yacht registration, or import and exporting. Drafting commercial contracts and all issues regarding financing your vessel including marine insurance and tax are also issues which marine lawyers can provide advice with and ease the burden of ever day administrative matters.

Just because you are not on land, accidents and collisions can still happen, which will also require salvage and towing, meaning you will need someone to represent you, especially if this involves claims involving port and harbour authorities. Health and safety and personal injury claims will also be covered by lawyers.

When approaching the drafting and negotiating process, lawyers will use their extensive knowledge to protect their clients’ interests, which will give them an advantage over those whose experience lies primarily in drafting their clients’ agreements, not in litigation.

Many agreements contain ‘Arbitration Clauses’ which are terms of an agreement that require that disputes proceed through an arbitration process instead of in Court. Depending on the circumstances, an arbitration clause may or may not be in your best interest. It is the marine lawyers who will be able to assist you making these types of decisions when negotiating and drafting your agreement.

When you are searching for a lawyer to assist you with any legal matter relating to your legal needs, then you will need to shop around and make sure they tick all your boxes. If your “normal” lawyer doesn’t specialize in marine law, then its worth asking them for some advice on a specialist that they can recommend in the area.

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Ryan White is a renowned author on various law related articles. For more information on marine lawyers, please visit http://www.verisona.com


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Tips On Choosing A Marine Surveyor

One should be careful while taking his or her marine insurance. A marine survey is equivalent to appraisals carried on for estimating worth of real estate properties. Choosing a good marine insurance surveyor is not an easy task as there is no formal licensing required for the job. Essentially, anyone can pretend to be a marine insurance surveyor until they do not face any penalty. Importantly, you should not use a surveyor in relation with marina or boat yard. This is mainly because of a conflict of interest.

Accredited Surveyor:

Mainly, there are two organizations for accrediting surveyors. These organizations are namely; the National Association of Marine Surveyors (NAMS) and the Society of Accredited Marine Surveyors. It is always beneficial to find a surveyor who possesses certification from any one of these organizations as their recognition is based on an organization’s technical, professional and ethical standards.

Marine Survey Businesses:

If you prefer choosing a surveyor through a Marine Survey company, you may find qualified surveyors as their employees. Ensure that you choose only the best surveyor that can help you to get the best estimation on your requirements. You can check through internet and request and review resumes of surveyors who give professional services to all marine users. Also, do not forget to look closely the credentials of surveyors to make the right choice. Get information in detail with complete clarity. Assist surveyors to get the desired information. You can check with marine associations to know about qualified surveyors.

http://marinesurveyorgroup.com/ “> Marinesurveyorgroup ,  provide Pre-Purchase Surveys, New Construction Consultation and Surveys, Insurance Evaluation Surveys, Financial Evaluation Surveys, Customs Surveysm, Damage Inspections, Maintenance Inspections, Audio Gauge Survey, Moisture Testing, Insurance Claim Consultation, Hull Bottom Inspection, http://marinesurveyorgroup.com/services/ “> Marine Casualty Investigations .


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Marine Boat Insurance

Marine Boat Insurance

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Marine Boat Insurance

By: Yvonne Corilla
Posted: Aug 11, 2009

Achieving adequate marine boat insurance is an absolute necessity for anyone who treasures a boat investment. Some boat owners assume that this coverage is a part of its policy owners, but this is not usually the case. While small boats can be under a traditional home owner’s plan, coverage may be much narrower than a water sports enthusiast can register. Unfortunately, these people insured under this sad reality to discover only when it is too late, leaving the owners with a ship badly damaged and very little in the way of cash to be used for repairs. The cost of purchasing and maintaining a boat can be very high. Obtaining an insurance policy of marine vessel to cover these expenses in case of theft or damage only makes sense for most boat owners. Such policies may cover costs of replacing a number of issues including bilge pumps, anchors, masts, deck chairs, batteries, docking equipment, depth search engines, fire extinguishers, engines and motors, life preservers, batteries, tires, seats , bimini tops, paddles, solar panels, fuel tanks, emergency devices, and lights. Of course, there will be any limitations on coverage. Unless other pilots were added to a policy, there are many elements that can not be covered for loss. This can include personal items such as jewelry, cameras, or clothing. Sports teams, such as water skis or diving guidelines also may not be covered. However, most insurance agents can work with a client to develop a plan that best suits the particular needs of the client.

The specific characteristics of the marine boat insurance can vary, but usually have some things in common. As with all insurance products, liability coverage will address basic issues such as property damage to an insured person is responsible for this policy are at fault in an accident. If this accident has caused injuries to others, the costs of treating these injuries will be treated under the liability and coverage. Of course, there are limits to this coverage, depending on the type of policy you have selected. Requirements on what is covered and the dollar amount that is applied may vary from state to state. Some policies also handle funeral expenses in case of any loss of life is the result of an accident an insured person is responsible for. Payment for physical damage to the ship and the cost of the rescue efforts that often as well. In some cases, any damage that occurs with a trailer, as a result of an accident or natural disaster can be covered. Can not be deduced from the coverage associated with this. Other costs that could be covered by insurance marine boat could include towing reimbursement, emergency services, pollution or damage as a result of issuance of a petroleum product. If a sailor does not cause damage to a ship of the policy, there are many coverage options that are available.

Classic and antique boats are in a class by themselves and therefore require a special type of boat insurance marina. Since the value of a classic or antique boat can be a factor somewhat subjective, many policies allow the insured to the consumer to agree with the insurance company in relation to the value of the vessel. Current market value, of course, enter the agreed amount, but the owner of the boat will have something to say regarding the amount of craftsmanship is a value. Nobody wants to see their hard work and efforts go in the smoke, with no possibility of recovering the losses. If an old boat enthusiast in the process of restoring a boat, the coverage in case of fire or theft is very important. Reproductions and new wooden boats may also be eligible for coverage. Some providers impose strict rules on where or from an old ship can navigate collection. If an owner prefers more flexibility in this area, finding a policy that takes into account this preference can be recommended. In addition, some providers may require a boat owner to keep the ship throughout the winter months. Looking to all these features and the search for a plan that best meets the individual needs of the customer is an important part of the purchase of boat insurance marinas.

When selecting an insurance provider of marine vessels, the consumer should consider many things. The flexibility of coverage options is important. A company in the stability and quality of customer service are also crucial factors. Taking the extra step to ensure that the water craft are adequately insured can be paid in the event of an accident or natural disaster. The Bible speaks of the blessings of perseverance. Blessed is the man who remains temptation: for when trying to receive the crown of life which the Lord has promised to those who love Him. (James 1:12)

While securing a boat involve extra expense, there are ways that a consumer can reduce costs. Some companies offer discounts on certain conditions. If an operator completes a course on navigation and water safety, this may be entitled to lower premiums. Regular mechanical inspections and replacement of defective parts may also produce valuable discounts. No matter what approach a boat owner can choose, purchase of boats marine insurance can be part of responsible ownership.

Yvonne Corilla – About the Author:

For more info please visit our site @ www.boatinsured.net

Source: http://www.articlesbase.com/business-articles/marine-boat-insurance-1116697.html

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Article Tags:
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Marine Cargo Insurance – the Most Cost Effective Policy

Losses during transport occur daily. Containers shift and fall overboard, vessels collide and capsize, cranes puncture containers, weather damages goods and maritime piracy continues throughout the seas. All of these situations compromise the safety of goods travelling both domestically and internationally. Marine Cargo Insurance covers the loss, damage or theft of goods while in transit.

The direct loss is only the tip of the iceberg as the indirect losses are even more drastic to your company’s bottom line. Managing the direct loss will help offset the effects of the indirect losses.

Determining the Probability of Loss & Economic Consequences

To determine the probability of loss, take the total number of shipments in one year and divide by the number of shipments that were compromised in that 12 month period.

Example: If 13 shipments were compromised out of 1,000 shipments. The probability of loss is 1.3%.

To determine the economic consequence associated with a loss, take the probability of loss multiplied by the average value of the shipments.

Example: The average value of the shipments is 0,000. So the economic consequence is ,250 (0,000 x 1.3%) for each shipment that year.

The need for marine insurance is apparent. Many cargo insurance policy holders are not insuring their goods in the most cost effective way. The market is soft, so now is the time to shop rates and compare marine insurance providers. If you already have an annual policy your rates should be dropping! If you insure shipment by shipment your charges should be dropping! Whether you purchase an annual Marine Cargo Insurance policy, self-insure, insure shipment by shipment or purchase CIF, request a quote for an annual policy will be very beneficial to your company during these hard economic times.

TRG researches all aspects of the global trade community. Keeping the TRG customer base in the know of the hot topics facing importers throughout the U.S.


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Sign up for the TRG Trade Spotlight and receive this import compliance information via email.


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Protecting You Marine Business

Risk is an unavoidable aspect of life, there’s really no way to avoid it. We can’t avoid risk, however  we can manage it and minimize it. Nobody knows when unwelcome events may come or how severe they may be, but we can protect against it. Proper insurance cover protects against unforeseen disaster and ensures a business will be compensated for any financial loss due to unforeseen events.

 

Proper insurance is essential for all businesses but none more so than the marine industry. The ocean is highly volatile, and the investments required to operate a marine business is huge. Marine Insurance cover losses or damage incurred by ships, cargo of ships, terminals and any transport or cargo by which property is transferred, acquired, or held between the points of origin and final destination.

 

Marine Insurance can cover a number of things and come in a number of types including the following:

 

Private Boat, Yacht and Boat Insurance – When insuring a yacht, private boat or pleasure craft this can cover against a number of things including racing, water skiing, private liability coverage and a number of other things. This may also include coverage for bare boats and skipper charters.
Cargo Insurance : Cover for all Importers and Exporters of raw materials and/or finished products. Protection for cargoes of every description, including perishable goods, , Timber, Scrap, Agricultural Products etc.
Hull Insurance – Hull insurance insures against physical damage and losses, Protection and Indemnity Risks including Freight Demurrage and Defense for Hull and Machinery and War Insurances
Onshore and Offshore exposed property insurance : Port Authority Liability, Equipment and Property Insurance. This insurance covers handling equipment, fixed property, port craft, business interruption.

 

As you can see there are a number of eventualities that could possibly occur that would require adequate insurance. If you are operating a boat, vessel or business that is marine based then it is critical to your success that you purchase adequate insurance cover. Please do not leave it to chance.

 

Marine Insurance , Boat Insurance by Everard Insurance


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Marine Cargo Insurance Basics

Marine cargo, or ocean freight, is defined as goods commercially transported by ship.  Almost all marine cargo is shipped in containers.  Container shipping is one of the most efficient and economical ways to ship goods.  Cargo usually consists of tangible goods or produce to sell, but can also be pharmaceutical, animals, cars, oil, seafood, equipment, or just about anything that you can think to ship.  Marine cargo insurance is designed to offer financial protection for importers and exporters delivering goods overseas.

Marine insurance is the oldest type of insurance in the world.  Some policies are grouped to cover ground transit, air freight, and ocean cargo shipping.  Marine cargo insurance is a subdivision of marine insurance.  Cargo insurance is generally separate from insurance covering the vessel and even the hull of the ship can have its own policy.

Marine cargo insurance is generally purchased by the person or company shipping the goods overseas.  Policies can cover the cargo while it is actually being shipped.  Some policies cover cargo after it reaches the port and is being unloaded or warehoused in different locations.  More extensive coverage can cover the importer and the exporter, covering taxes that are incurred even if a shipment is damaged or lost.

Expanded specialty insurance can be added for an additional premium.  One common specialist policy that is added is a war risk policy.  Ships sailing into war zones or areas known for piracy may not be covered by their normal policy while in the high risk area.  A war risk policy can be added on if your shipment is going to be travelling through one of these areas.

Cargo insurance may be considered a specialist policy.  These policies are generally rated as A, B, or C coverage.  Class A cargo insurance policies have the broadest range of coverage, while class C policies have the most restricted range of coverage.  An additional “floater” may need to be added to cover your goods while they are at port, being held in warehouse, or being carried by barge or other form of transport.  This policy is usually called an inland marine policy.

It can be helpful to work closely with your <a rel=”nofollow” onclick=”javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);” href=”http://www.shiplilly.com/”title=”Ocean Freight”>ocean freight</a> or ocean shipping logistics company to determine the risks involved in your specific import or export.  An ocean shipping company that specializes in logistics will be able to advise you on what types of coverage you may need.  A well run ocean freight logistics company will essentially simplify the process of shipping overseas for you, taking care of virtually everything from start to finish.  Streamlining the process by working with a company like this can help you to reduce your financial risks and improve your business operations.

About the Author: Nelson Cabrera is the Business Development Manager of Lilly & Associates International, a transportaion and logistics company specializing in ocean freight and ocean shipping services. For more information, please visit http://www.shiplilly.com/.


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Boat & Marine Insurance Basics

Boat insurance can be a very confusing topic, especially for first-time boat owners.  No standards exist across insurance companies, so it is often up to the boat owners to read the fine print in order to figure out the specifics of their boat insurance policy.  Not understanding these subtle differences before you choose an insurance provider can cost you thousands of dollars in the event of a loss.  Losses come in two varieties, total losses and partial losses.  Generally speaking, total loss policies typically fall into three categories:

Agreed Value – Agreed value is the simplest and most easily understandable of the total loss policy types.  In an agreed value policy, the boat owner and the insurance company agree on a value, prior to the loss.  In the rare event that a total loss occurs, the boat owner is paid the agreed upon amount.
Actual Cash Value – Actual cash value is determined by third party sources such as a used boat price guide and other comparable boats listed for sale.  In a policy that is based on actual cash value, the amount a boat owner is paid is based on the value of the boat at the time of the loss.  The boat insurance provider will either pay the insured value or the actual cash value at the time of the loss, whichever is lower.
Boat Replacement – A boat replacement policy replaces your boat with a new boat.  This type of coverage is only available to boat owners who purchased a new boat and will only last for the first two to three years of ownership.  Once the boat reaches the age where a boat replacement policy is no longer applicable, the policy form will change to one of the two other types.

Although most people buy boat insurance for the rare occasions in which they experience a total loss, the majority of boat insurance claims are partial losses.  Partial losses are handled a bit differently than total losses.  Similarly to total loss policies, partial loss policies are not standardized and each insurance company may have their own spin.  Generally speaking though, the differences boil down to two main points.

Replacement Cost vs. Depreciated Value – Replacement cost and depreciated value differ in one key aspect.  The amount a depreciated value policy pays is subject to depreciation, whereas in a replacement cost policy, depreciation is largely not factored in.   Depreciation is calculated by the boat insurance companies using a predetermined, non-published depreciation schedule.  Since depreciation reduces the amount you are paid in the event of a partial loss, boat owners would be best served finding a boat insurance provider who offers a replacement cost policy.  Despite this difference, most replacement cost plans do not completely omit depreciation from their policy structure.  Replacement cost plans tend to state specific parts that are subject to depreciation.  These parts generally have shorter life spans, such as canvas, sails, or plastics.  It should also be noted that depreciation is not applied to labor, storage charges, and other non real property items.
Remanufactured vs. New Parts – Some insurance providers will actually discount depreciation if you agree to use a remanufactured part.  This reduced depreciation can save boat owners thousands of dollars in a partial loss.  There are even some insurance companies that don’t apply any depreciation to remanufactured parts.  Again, boat owners would be best advised to seek out boat insurance providers that use the latter and don’t apply depreciation to the amount they pay.

No two boat owners likely have the exact same requirements for a boat insurance provider. Understanding these subtle differences in policies is essential to choosing the best insurance provider to meet your specific needs.

United Marine Underwriters is a leading provider of boat insurance for personal watercrafts, powerboats, yachts, houseboats, and variety of other crafts. For more information on how UMU can help solve your boat insurance needs, visit http://www.unitedmarine.net and receive a boat insurance quote in under 90 seconds.


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What is Commercial Marine Insurance?

A Commercial Marine Insurance reimburses financial losses due to damage to a ship and any accompanying properties, including the cargo, from port of departure to port of destination. Available specialty marine insurance policies include those for marine cargo insurance, marine business insurance, and personal watercraft insurance.

The whole understanding of what country’s laws would come into affect if and when an incident occurred is beyond the common person’s comprehension, simply because of all the differences in laws in different countries. So, you could believe you are completely covered for any type of claim and then find out that your Commercial Marine Insurance would not apply in the country you were in. For this very reason, the ‘United Nations Convention on the Law of the Sea’ in Year 1982 developed the structure of Global Tribunal for the Law of the Sea. The purpose of this tribunal significantly varies basically by any disputes that may occur anywhere throughout the seas and beyond any national jurisdiction. The whole process is very complicated.

There is also the Admiralty Law, stemming from English statutes in the 1700′s which many common law based countries have included an Admiralty division in their courts system. Admiralty Courts assume jurisdiction by virtue of presence of the vessel. Because of this law, If you are going to analyze, there are several factors of there are many common primary aspects of Commercial Marine Insurance across the world, including maritime liens and mortgages, seaworthiness of a vessel, limitation of ship owner’s liability, terrorism & piracy, war risks, personal injuries to passengers, marine pollution, salvage and treasure salvage, cargo claims, and personal injuries to seamen & maintenance and cure. Of course, there is always insurance also ready for a personal or commercial marine property use.

Even though the Admiralty Law appears to be the governing factor when it comes to Commercial Marine Insurance, there were still times when maritime vessels can be in numerous jurisdictions. Again, this is the reason why the International Tribunal for the Law of the Sea came into play. In addition to adjudicating disputes, this law contains provision relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive economic zone and the high seas. This law also provides environmental protection including the exploration for and see below to study the main concerns for utilization of the property seas and oceans.

Because of the uniqueness of a commercial vessel traveling outside of their home country’s territorial waters and are likely to become subject to the ‘United Nations Convention on the Law’ in addition to the Admiralty laws of whatever waters they happen to be traveling through, Commercial Marine Insurance is an absolute necessity. Also because of the uniqueness of this insurance, You need to get the right Commercial Marine as its very necessary Insurance and this should be done with a trusted insurance broker or agent.

If you are looking for marine insurance, then you have chosen the right place. Pay a visit to our website and get a free quote today.


Article from articlesbase.com

Marine Insurance

It’s always been my dream to acquire a yacht. I was raised in Warsash, on the Solent and used to spend my tI’me sitting on the brick wall watching the boats sail along. Such enchanting, graceful things. Once I had gotten a little bit older I started sailing lessons. Why they were winter lessons god only knows! but all I can remember is freezing half to death out in the cold when school was over in my wetsuit, but still enjoying every second of it. Okay thinking back it was bloody freezing – it was however all worth it. The training made me more passionate about sailing and i promised myself from then on that I would forever work in the marine industry. No way would i follow my friends down the crap job route but i was determined no matter how difficult to work with boats. My first employment came through the tutor at the boating school. He introduced me to a friend he knew and I started my new job as a yacht valet! I learned everything you need to know about how to valet boats. The different chemicals you should use on each different material, the re-sprays and sanding down, how to shift the boat carefully and safely the docks. And clearly all the legal jargon that it includes – being sure the business is covered with Marine Insurance and that our clients are covered with yacht insurance was very I’mportant indeed. The yachts we were working with were worth about 5 million and if stuff was to go wrong my employer wanted to be absolutely sure we were safe from accidents.

I picked up the trade from the hull up, for a good 4 years. I totally adored the job in the beginning but soon I wanted more. I didn’t want to spend years scrubbing big yachts for well off customers. I want to be the posh customer. So I praised my boss allot for helping me learn the ropes and started looking into the best way of making a quick buck. Not long after this I realised how great the income trawler men work for. They sail out for months at a tI’me in deadly waters but they come back rich, rich men. I didn’t have any responsibilities, I could work on a boat and make a mint – It was clearly worth taking the risk. And it was, I got a job through a different contact I knew from the docks and went out with them a few tI’mes. The funds i had acquired from this brought me my brand new yacht. I can’t believe it’s actually mine! I’m very careful with it I’ve made sure I’ve signed up with the best boat insurance money can buy. There’s no way in a million years that I’m risking anything happen to my pride and joy. I still work out with the trawler men but not all the tI’me. I’m going to discover the next big money spinner – I don’t know where I’ll be working but I know one thing; it will involve yachts!

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