Pregledni rad
Coverage for loss of or damage to the subject matter insured caused by latent defect in the machinery or hull
Zlatko Ćesić
Sažetak
In this article the author considers legal questions in respect of covers loss or damage to the subject-matter caused by latent defect in the machinery or hull. To see what is in fact covered one must understand the Court of Appeal decision in the Nukila (1997) and the new clause 2.2.2. of International Hull Clauses of 2003.It is then clear that the basic coverage for loss of or damage to the subject matter insured caused by latent defect in the machinery or hull is exactly the same as with previous Institute Time Clauses. In the case of damage, it is repaired, it is the reasonable costs of repairing that consequential damage after allowing for any deductible, that is claimable. Any claim should therefore initially be adjusted in exactly the same way under all three sets of Clauses (1983, 1995 and 2003). Then, in the case of the new clauses, there is novel restriction on coverage to be considered – do actual costs so adjusted of repairing the consequential damage exceed the costs that would have been incurred to correct the latent defect. To the extent that they do, the assured may recover. In this sense, the underwriters appear to have taken the wiev that the basic hull cover should revert to the pre Nukila position, which had generally been accepted until that case was litigated.
Ključne riječi
due diligence; Inchmaree clause; theory of stages of seaworthiness; separate parts; hull underwriter; perils of the seas; implied warranty; wear and tear; latent defect in the machinery or hull; damage caused by breakage of shafts
Hrčak ID:
8574
URI
Datum izdavanja:
26.12.2003.
Posjeta: 2.804 *