The personalized greeting was removed from this NAMS eNews prior to posting on the website.
Note: This website edition contains a correction of the publication date.
Gregory B. Weeter, Editor
NAMSGlobal National Office
Richard L. Frenzel, President
Gregon Gant, Vice-President
Edward L. Shearer, Secretary
James A. Neville, Treasurer
In This Issue
Internet Browser Updates
S. Atlantic Region Seminar Photo
Relocations & Transfers
Understanding “Right Of Way” Navigation Rule
Yacht Operator Sentenced For Unsafe Activity
New EPA Emissions Standards Waiver
Safety Alert Regarding Air Receivers & Relief Valves
Court Rules On Failure To Notify USCG Case
EPA & USCG Step Up Efforts To Protect Waters
Updated Light Lists
Seaman Dies In Fall From Pilot Ladder
Training Film To Help With New Regs On Bulk Cargo
NTSB Report On Tug/Barge Collision With Tour Boat
Hydrostatic Testing Of Transfer Pipes
Nav Lights On Uninspected Vessels
Failure To Inspect At Unloading Dooms Claim
OK! By now I’m sure you ALL have your travel arrangements completed, your hotel reservations confirmed, your registration forwarded to the National Office, and your bags packed, for the Top Flight Programs to be presented at the National Conference in St. Louis on April 11-12, 2011!!! It is too important to be missed!! Besides the great speakers that have been recruited to provide information on important subjects in all our disciplines, the terrific meals and entertainment planned, there will also be updates on various subjects important to us all, including new proposed USCG Mandates. Not only that, but you will be able to acquire all your required 2011 CE’s at this time!!
One of the most important reasons for attending our conferences, that is rarely mentioned, is the opportunity to meet and socialize with other members we may not know, or do not get to visit with, except at these gatherings. The result of these social interactions is not only gaining a larger number of others to contact when we could use some help on a particular issue, but to increase business for all of us.
As an example, I am quite often called by Bankers, Underwriters, Brokers and other old clients who want to know who would be a good NAMS Surveyor to call about a specific job, or talent, in some area where they do not already know someone.
Think about it!! Are you going to tell them to go to the NAMS website and pick one, since they are all excellent surveyors?? OR, are you going to take the time to recommend a NAMS Surveyor who you know is qualified in the area they are inquiring about, because you have met and KNOW that NAMS Surveyor because you have visited with him/her at the NAMS Conferences??
The flip side of that is your work could be increased when your phone rings and a potential new client says: “My regular NAMS Surveyor here on the NE Coast (or where ever) tells me you would be the person to call regarding an assignment in your are of the Gulf Coast”. Lookie there! New $$ in your pocket!! And, one new assignment may very well pay for your trip to the conference.
If you have not made your arrangements yet, GET WITH IT!!!, time is running out and we do not want to miss seeing you there.
SEE ALL Y’ALL IN ST. LOUIS!!
Dick Frenzel, NAMS-CMS
From The National Office
Please note that the 2011 dues must be paid by 31 March 2011 or a 25% late fee will be imposed. You may pay your dues using your credit or debit card by calling the national office. You may also send a check, but please call or email the national office and tell Evie you have done so.
|Name||Status & Discipline Applying For||Region||Sponsor(s)|
|Philip A. Gallo||Apprentice||N. York||C. Crivici|
|Charles “Chadd” Parker||Associate||W. Rivers||P. Merrill, J. Stockmann, M. Ledet|
|Charles J. Hazouri||Associate||E. Gulf||R. Frenzel|
|Anthony J. Anselmi||Associate||E. Gulf||Tim Anselmi, Childs Dunbar & Chris Labure|
|Barnaby C. Blatch||CMS||N. England||D. Holaday|
10 – 12 April 2011, St. Louis, Missouri
NAMSGlobal 49th Annual National Marine Conference East
Crown Plaza – Downtown, 200 N. Fourth St.
Hotel Reservations 800.925.1395 or 314.621.8200
Block room rate $149.00 plus tax – Block room rate cut off date, 11 March 2011
Contact Gregon Gant, 281.922.1171
11 – 13 September 2011 Vancouver, B.C. Canada
NAMSGlobal 43rd Annual National Marine Conference West
The Coast Plaza Hotel, 1763 Comox Street, Vancouver, B.C. Canada V6G 1P6
Reservations: 604.688.7711 Room rate: $159.00 plus taxes
Spring 2012 Panama City, Florida
NAMSGlobal 50th Annual National Marine Conference East
2011 ABYC Course Calendar
5 – 7 April 2011 Basic Marine Electrical (EL200), Portland OR; Click Here For Details
12 – 15 April 2011, Marine Systems Certification (MS400), Dare County, NC; Click Here For Details
19 – 22 April 2011, Marine Systems Certification (MS400), Gulfport, MS; Click Here For Details
10 – 13 May 2011, Electrical Certification (EL400), Oakland, CA; Click Here For Details
28 July 2011, Proctor Testing Date; Click Here For Details
16 – 19 August 2011, Marine Systems Certification (MS400), Nashville, TN; Click Here For Details
ABYC Prerecorded Webinars Now Available (must be viewed within 30 days from date of purchase)
A logical look at troubleshooting Webinar; Click Here For Details
New Battery Technology, Are We Protected by Ed Sherman; Click Here For Details
If you have any questions regarding the ABYC courses, contact Cris Gardner or Sandy Brown at 410.990.4460
Please note that Microsoft has distributed Internet Explorer 9 with new features and security updates.
If your internet browser preference is Mozilla Firefox, there is a new version 4 available.
Your Apple update should be set to look for new Safari updates as they are available.
Whatever your Operating System and / or Internet Browser choice (and there are other browsers than just the three listed above), you are encouraged to use the latest browser version your Operating System will allow.
Attendees at the recent S. Atlantic Region seminar in Panama City, Florida observe the monitor of aVideoRay system demonstrated in the clear waters of a swimming pool. The VideoRay system includes a remotely operated vehicle (ROV) that can be sent into underwater locations that its owners and surveyors cannot reach, or where it might be necessary, or even dangerous, for them to do so.
Retired NAMS-CMS member and Managing Director of Kiwi Marine Consultants Ltd, Mr. Mike Wall, will shortly be relocating to Pattaya, Thailand, to take up the post of Principal of the new Asian Maritime College (AMCOL) which will open in December 2011.
Captain Jethro Seale has relocated to Hong Kong to take up the position of General Manager of DLS Kiwi Marine Ltd. He can be contacted at (+852) 9032 5452 and at: firstname.lastname@example.org
By Capt. Joseph A. Derie, NAMS-CMS; AMS, SAMS; CMI, Southwest Passage Marine Surveys
“Right of way” is one of the most misused and misunderstood terms from the NAVRULES. As professional marine accident investigators it is imperative that we use and understand the proper terminology in our reports, when being deposed and when giving testimony during a trial.
In a recent boating newsletter there was a letter to the editor from a reader referring to an earlier article about a collision in which the phrase “there is no right of way for boats,” had been used. The letter writer went on the say that Chapman’s Piloting and Seamanship used the phrase specifically when defining the “Danger Zone” (that area on the starboard side of a boat from 0 to 112.5 degrees that defines a crossing situation) and the actions to be taken in a crossing situation, and that the article was therefore in error. The editor replied that the phrase “right of way” – is not used in the NAVRULES, and what the article had meant was “no vessel has the right of way over any other vessel if there is imminent danger of collision.”
The editor was inaccurate when he stated that right of way was not used in the NAVRULES. It can be found in the Inland Rules in Rule 9 Narrow Channels, and Rule 14 Head-On Situation. It can also be found in waterway navigation rules both federal and state. It is used in very specific circumstances, generally to supersede or modify the normal vessel “give way” and “stand on” requirements.
Inland Rule 9(a) (ii) states that: “Notwithstanding paragraph (a)(i) and Rule 14(a), a power-driven vessel operating in narrow channels or fairways on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing.”
To better understand Rule 9 (a) (ii) we have to look closer at the last sentence where the phrase “shall hold as necessary to permit safe passing” is used. Note the term give-way, with its requirement to maneuver, as found in Rule 16, is not used here.
Inland Rule 14 (d) states that: “Notwithstanding paragraph (a) of this Rule, a power driven vessel operating on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(1), as appropriate.”
To better understand Rule 14 (d) we have to understand that Rule 14 (a) requires both vessels to maneuver. Both are give-way vessels and there is no stand-on vessel in this situation.
These rules recognize that vessels downbound that are traveling with a following current are less maneuverable than vessels traveling upbound proceeding against the current. In this case, unlike in other situations where give-way and stand-on apply, in order to ensure a favorable and safe passage the downbound vessel shall be the vessel initiating maneuvering signals.
The phrase right of way is also found in 33 CFR 162 Inland Waterways Navigation Regulations. Specifically, 33 CFR 162.40 (c) Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal); and 33 CFR 162.205 (a) (3) Suisun Bay, San Joaquin River, Sacramento River, and connecting waters, CA.
33 CFR 162.40 (c) would seem to be an adoption of those parts of Inland Rules 9 and 14 as discussed above, with the addition of the requirement that “all small pleasure craft shall relinquish the right-of-way to deeper draft vessels, which have a limited maneuvering ability due to their draft and size.” This is a modification of Inland Rule 9 (b) where “vessels less than 20 meters or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.”
33 CFR 162.40 (c) (i) states that “United States dredges, tugs, launches, derrick boats, and similar plant of contractors executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in Part 80 of this chapter shall have the right of way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractors’ plant, working the channel must however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channel way cannot otherwise be provided.” This is a modification of Inland Rule 18 Responsibilities Between Vessels.
33 CFR 162.40 (c) (ii) goes on to say: “Light-draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right of way to such vessels by making use of the shallower portions of the waterway.” This is another modification of Inland Rule 9 (b) as discussed above.
Some states, including Arizona and Oregon, use right of way in their state boating laws. Arizona state boating law gives the right of way “to any craft not under power, unless such non-powered watercraft is overtaking a power craft.” The Arizona state law would seem to be a modification of Rule 18 Responsibilities Between Vessels, for “craft without power.”
Oregon state boating law cites right of way in two instances: (1) “Passing – A boat may overtake another boat on either side, but must grant right-of-way to the boat that is overtaken;” and (2) “Boats proceeding downriver have right-of-way over boats proceeding upriver. Note: Having the right-of-way does not allow the operator to endanger others.”
The rule cited in (1) above appears to be a modification of Inland Rule 13 Overtaking from the NAVRULES. While in (2) above, Oregon appears to have adapted those parts of Inland Rules 9 and 14 discussed previously.
Unfortunately, it is not uncommon to hear professionals who should know better, including boating safety officers, instructors teaching marine accident investigation and even attorneys in court, misuse the phrase right of way. As seen from our example above, even the normally authoritative Chapman’s Piloting and Seamanship, 64th ed., misuses the term on several occasions, even using it as the title of a chapter. Chapman’s continues to misuse it when discussing Rule 18 Responsibilities Among Vessels. Rule 18 does not use right of way but rather the phrase “shall keep out of the way of.”
The editor’s reply that “no vessel has the right of way over any other vessel if there is imminent danger of collision” is correct. Rule 17 Action by Stand On Vessel, sub-paragraph (b) states: “When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.” and in sub-paragraph (d) of that rule states: “This Rule does not relieve the give-way vessel of her obligation to keep out of the way.”
The use of the phrase “right of way” by mariners in any other circumstances than those referenced above is inappropriate because of its implication, as taken from a principle in highway traffic, of the legal establishment providing for the vehicle that has the right to proceed first or that has the right to use the conflicting part of the road, and the requirement for other vehicles to wait.
The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that two commercial yacht operators pleaded guilty to using unsafe commercial yachts on trans-Atlantic voyages while carrying students for yacht training courses. In the first case, where the yacht was operated without a qualified yachtmaster and without required lifesaving equipment, the operator was sentenced to a fine of £16,000 including costs. In the second case, where the yacht was operated without a qualified yachtmaster and without required stability testing, the operator was sentenced to a fine of £17,549. (2/8/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consultingdennis.email@example.com Website http://brymar-consulting.com © Dennis L. Bryant
An important reminder was issued by Perko Fuel Systems and the marine industry publication, Trade Only. New EPA evaporative emissions standards will take effect July 31. A waiver is written into the regulations that give companies of 500 employees or less the ability to build as many as 1,200 boats in one year that are not in compliance. Boatbuilders that qualify for the small-business exemption are encouraged to file for a waiver now. Waivers are not automatically given. Builders must file for them. A sample waiver letter and directions about how to submit a waiver can be found on Perko’s Website. Interested and qualifying boatbuilders need to file for the waiver soon, to avoid missing the July 31, 2011 deadline.
The US Coast Guard issued a Safety Alert reminding owners and operators of uninspected towing vessels (UTVs) of the importance of inspecting and maintaining air receivers and relief valves. (2/14/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consultingdennis.firstname.lastname@example.org Website http://brymar-consulting.com © Dennis L. Bryant
Michael Chalos writes: – In United States v. Canal Barge Company, the Sixth Circuit Court of Appeals found that the District Court erred in acquitting defendants on the ground that there was no criminal venue in the Western District of Kentucky.
This case was brought in the Western District of Kentucky after a barge carrying 400,000 gallons of benzene on the Mississippi River sprang a leak near St. Louis, Missouri. The leak was discovered on June 16, 2005 by an employee of Canal Barge, who in turn applied a temporary epoxy patch to secure the leak. This temporary fix worked for about four (4) days. The barge then transferred to a towboat owned by a different company. When the barge began traveling up the Ohio River on June 20, 2005, the epoxy patch failed and the Coast Guard was immediately notified of the leak.
Canal Barge and three employees were charged with conspiracy to violate the Ports Waterways Safety Act (PWSA), violation of the PWSA, and negligent violation of the Clean Water Act. After trial, the jury returned a verdict of guilty for violating the PWSA and acquitted the defendants on the remaining two counts. The defendants moved for a judgment of acquittal on the ground of improper venue. The District Court granted the defendants’ motion concluding that the PWSA violation was an offense that was complete at the time the defendants failed to immediately notify the Coast Guard of the Hazardous Condition and was not a continuing offense, giving rise to jurisdiction in the Western District of Kentucky.
The Sixth Circuit turned to 18 U.S.C. 3237(a) to determine when an offense is continuous for purposes of venue. The statute provides: “any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.” The Sixth Circuit reasoned that this was a continuing offense that was committed in multiple districts because the defendants were first aware of the hazardous condition in Missouri and the condition was not reported until another towboat owner discovered the failure of the epoxy patch in Kentucky. By classifying this as a continuing offense, the obligation to report the hazardous condition starts immediately when the relevant actor has the relevant knowledge that a hazard exists, and this duty to report continues until a report is made to the Coast Guard. Further, because the barge continued moving until the unreported hazardous condition was present in the Kentucky, the PWSA violation occurred in part of the Western District of Kentucky, thereby making venue proper.
To read a copy of the Sixth Circuit Court of Appeal’s decision, please visit: http://www.ca6.uscourts.gov/opinions.pdf/11a0007p-06.pdf email@example.com Courtesy Maritime Advocate Online, a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: firstname.lastname@example.org
Washington – The U.S. Environmental Protection Agency (EPA) and U.S. Coast Guard (USCG) today signed a memorandum of understanding (MOU) to work together to protect people’s health and the environment. The MOU outlines steps the agencies will take to better coordinate efforts to prevent and enforce against illegal discharges of pollutants from vessels, such as cruise ships and oil tankers. “Protecting America’s waters is one of EPA’s top priorities, and our compliance and enforcement work is critical to meeting this challenge,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By building on our partnership with the Coast Guard, we are working to improve the health of our nation’s treasured rivers, bays, harbors and estuaries.”
Under the MOU, USCG has agreed to incorporate components of EPA’s vessel general permit program into its existing inspection protocols and procedures to help the United States address vessel pollution in U.S. waters. The MOU creates a framework for improving EPA and USCG cooperation on data tracking, training, monitoring, enforcement and industry outreach. The agencies have also agreed to improve existing data requirements so that information on potential violations observed during inspections can be sent to EPA for evaluation and follow-up.
The vessel permit program applies to more than 61,000 commercial ships based in the U.S. and more than 8,000 foreign ships operating in U.S. waters. The vessel permit covers 26 types of discharges such as deck run-off from rain, ballast water used to stabilize ships, and wastewater from showers, sinks and laundry machines. These discharges may result in negative impacts on the environment, including the spread of invasive species from ballast water that can harm sensitive ecosystems. The vessel permit program also specifies corrective actions, self-inspections and self-monitoring, record keeping and reporting requirements.
Read a copy of the MOU: http://epa.gov/compliance/monitoring/programs/cwa/npdes.html More information on EPA’s vessel permit program: http://cfpub.epa.gov/npdes/home.cfm?program_id=350
For more information on USCG activities: http://www.uscg.mil/HQ/cg5
You may view the LightLists corrected through Coast Guard LNM 01/11 for each Coast Guard District by clicking on the map below. These publications contain a list of lights, sound signals, buoys, daybeacons, and other aids to navigation. They are in PDF format and are approximately 4 MB in size. It is recommended that Windows users right-click on their mouses, then click on “Save Target As” to save the files to their hard-drives or other local storage medium.
German accident investigators have stressed the need for seafarers to have high standards of safety awareness following a fatality onboard a ship in the port of Hamburg.
A Filipino seaman died in a fall from the Antigua & Barbuda-flagged containership Ems Trader whilst lowering a platform to enable a pilot to come onboard in November 2009. An investigation into the accident blamed it on a ‘permissible but potentially hazardous’ pilot ladder construction and a failure to follow appropriate safety precautions when carrying out the job.
The report says the case is one of a number in which the risks of such tasks as deploying pilot ladders and gangways have been underestimated by crew, and argues that it highlights the need for high standards of safety management.
Investigators said that the pilot boarding point had been poorly designed and was extremely narrow, with little light and a slippery floor. The boarding station was suspended and lowered by hand with the pilot gate open, posing ‘a risk to life and limb’.
The German accident investigation authority BSU pointed out that the seaman had failed to use a safety line. The report said it was unacceptable for the job to have been carried out alone and called for the use of fall arrestor equipment while the work is in progress.
(With thanks to the Nautilus Telegraph: nautilusint.org) Courtesy FLASHLIGHT, a free monthly e-newsletter circulated to more than 5,000 people involved in marine surveying around the world. It is circulated to anybody who wishes to receive a copy. It is a collation of articles relevant to our profession taken from various publications together with contributions from readers. Letters, opinions and articles relating to our profession are welcomed for the newsletter. email@example.com
Myda Egrmajer was rescued on 2 December after a brutal pirate attack on her father’s yacht Adina. Milan Egrmajer had been living on the Adina in Guatemala, and was joined by his daughter for a three-month sailing trip to Panama. As a result of bad weather, they had anchored their vessel in a lagoon by an island north of Honduras.
A ‘fishing vessel’ approached asking for help with a broken engine, but as Mr. Egrmajer offered tools to the crew, one of the men produced a gun and shot him dead. Ms Egrmajer managed to scare the pirates away by brandishing a flare gun. Then, realizing that she was on her own without the experience to sail to a place of safety, she found a manual to help her operate the radio and contacted the Honduran Coast Guard for help.
The Tessa PG was in the vicinity under the command of Captain Mark Constantine, and with night falling, the ship’s officers managed to talk Ms Egrmajer through the steps needed to navigate her vessel out of the lagoon and approach the tanker. Meanwhile, a fishing boat had approached the Tessa PG, and had been firmly told to leave the area by the tanker’s crew, who suspected that it had weapons onboard.
On exiting the lagoon, the Adina’s engines failed, and it became obvious that action was needed to save Ms Egrmajer before the yacht grounded on rocks. Second officer Nick Lee, third officer Josef Fronek and third engineer Gary Stibbs volunteered to crew a rescue boat, and made a quick passage to the Adina through a ‘troublesome swell’.
Ms Egrmajer was sorry to leave her deceased father behind but said she knew he would have wanted her to be safe. She received a warm welcome onboard the Tessa PG, where she was taken to the cadet cabin and given food, clothing and medical checks.
Thanks to the skill and professionalism of the seafarers onboard the Tessa PG, Myda Egrmajer was returned to port safe and well, and has now been reunited with her family in Canada. Fourth engineer Matthew Slizewski said he was very proud to have been part of the crew that day, and praised Ms Egrmajer’s courage, saying she was ‘one of the bravest young ladies we have ever had the pleasure of meeting.’ He added: ‘She gave us all the strength and resolve we needed to muster to get to her and have her safe.’
The crew was praised for their ‘heroic’ and ‘outstanding’ efforts to rescue Ms Egrmajer in a letter from the Canadian ambassador to the area, Cameron MacKay. Courtesy FLASHLIGHT
A new training package was launched last month in response to revised international legislation on bulk cargo safety. On 1 January this year, the International Maritime Solid Bulk Cargoes Code (IMSBC Code) came into force, replacing the old Code of Safe Working Practice for Bulk Cargoes (BC Code).
The new code details how to handle some 150 different types of cargo and assess their suitability for carriage. It also covers the safe loading and unloading of these cargoes and makes recommendations on the fumigation of cargo holds.
To help seafarers get to grips with this information, maritime training firm Videotel is releasing a series of training videos entitled Dangerous & Difficult Cargoes, for crews to watch onboard ship. Part 1 is available now, with part 2 to be issued in the spring.
Videotel deputy chairman Stephen Bond said: “There have been a number of serious accidents in recent years, some involving loss of life, caused by dangerous cargoes. Identification of cargo and an understanding of its properties is key to preventing such accidents. We are pleased to be able to make this vital training series which aims to avoid further fatalities.” Courtesy FLASHLIGHT
The U. S. National Transportation Safety Board (NTSB) released its Factual Reports relating to the July 7, 2010 collision in the Delaware River at Philadelphia between a tug/barge and a tour boat. The tour boat, which had developed engine problems and was anchored in the river, carried 34 passengers and two crewmembers. Two of the passengers were fatally injured in the collision. (3/7/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting firstname.lastname@example.org Website http://brymar-consulting.com © Dennis L. Bryant
The US Coast Guard issued a Marine Safety Bulletin reminding stakeholders of the requirement that each transfer pipe system used in a transfer of oil or hazardous material (including bunkers) to, from, or within a vessel with a capacity of 250 barrels or more on the navigable waters or contiguous zone of the United States be tested annually under static liquid pressure at least 1.5 times the maximum allowable working pressure. (2/18/11).
Note: The Coast Guard does accept alternative procedures, methods, and equipment standards in order for owners and operators to demonstrate the adequacy of their transfer pipe systems. Owners and operators considering alternative methods of demonstrating compliance should contact their Captain of the Port (COTP) in advance. Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consultingdennis.email@example.com Website http://brymar-consulting.com © Dennis L. Bryant
The US Coast Guard issued guidelines for acceptance of the installation of Perko navigation lights on uninspected commercial vessels of less than 20 meters in length operating on inland waters of the United States. Policy Letter 2011-02 (2/28/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting firstname.lastname@example.org Website http://brymar-consulting.com © Dennis L. Bryant
The US Court of Appeals for the First Circuit affirmed the district court’s granting of summary judgment in favor of defendant insurers on a property damage claim filed by plaintiff cargo owner. Plaintiff purchased fourteen large underground storage tanks. The tanks were manufactured in Dallas and were shipped by barge from Houston to San Juan, Puerto Rico. Plaintiff purchased insurance from defendants to cover any damage that might occur from the start of loading operations in Houston to berthing of the barge in San Juan. The insurance did not cover damage incurred during the unloading or during transportation to the ultimate destination. The tanks were inspected at the start of loading and found to be satisfactory. The tanks were not inspected when the barge berthed in San Juan. Damage was later discovered and plaintiff asserted that the damage must have occurred during transit on the barge. In affirming summary judgment for the insurers, the court held that plaintiff had adduced no significantly probative evidence to make out a genuine issue of material fact to substantiate its claim.Tropigas de Puerto Rico v. Certain Underwriters at Lloyd’s of London, No. 10-1122 (1st Cir., March 11, 2011). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting email@example.com Website http://brymar-consulting.com © Dennis L. Bryant
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