Duhaime's Law Dictionary


Inchmaree Clause Definition:

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, nonetheless 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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