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Inchmaree Clause

A standard clause in maritime insurance contracts covering risk of events not directly linked to perils at sea such as, but not necessarily limited to, loading accidents.

Named after a ship called the Inchmaree which suffered damage as a result of the breakdown of a pump. A British Court, in 1884, held that such an accident was not a peril of the sea and so not covered by the standard wording of insurance contracts of the time.

Since then, maritime insurance contracts specifically address that by including a comprehensive clause on such risks that, while not directly linked to perils of the sea, noentheless relate directly to shipping; called an Inchmaree Clause.

REFERENCES:

Thames and Mersey Marine Insurance Co Ltd v Hamilton, Faser & Co (1887) 12 AC 484

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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