Maritime
Font Size 
Overview
Maritime law involves a broad array of issues, each governed by unique sets of specialized rules and procedures. The commerce of international shipping, intermodal transport of containerized shipments, offshore drilling and production, fishing, and recreational boating can all pose great risks for interested parties and their insurers. Casualties can be catastrophic. Whether the need is on the defense or the subrogation side, no other firm can match the combination of Cozen O’Connor’s national resources and local knowledge.
Our experienced maritime attorneys are available to handle claims and recoveries, wherever and whenever they arise. Litigation in this field often occurs in a forum far removed from the place of the loss and the firm’s network of offices can be utilized to great advantage. A container loss which occurs en route to Seattle may be litigated in New York or a shipment to the Gulf Coast may be insured in the London market. We have experienced attorneys who can coordinate the investigation on one coast and litigate the case on another.
WHAT WE DO
- Fires- All vessels, from recreational boats to container ships, encounter fire hazards. While the fundamentals of fire investigation remain the same— analyze the burn pattern, consider the possible causes of ignition, determine the fire spread— the marine environment can complicate the investigation. A fire expert may need to work with a naval architect or other maritime specialist. Early involvement is key to development of a successful subrogation theory— or a successful defense
- Defense of insureds- Cases can include personal injury and death claims on fishing and other vessels, property damage, or claims of malpractice— whether against a ship classification society, an insurance broker, or a shipyard
- Cargo- Transit losses present their own unique characteristics. Recoveries against ocean carriers, like inland and air carriers, are governed by specific statutes and international conventions. The 2004 U.S. Supreme Court decision in Kirby v. Norfolk Railway may turn what seems to be a land-based problem such as a railroad derailment into a legal issue governed by maritime law, if the transport is part of a multi-modal shipment
- Products Liability- Often fires or other catastrophic failures are caused by improper repairs or design defects. Maritime law may provide unique legal requirements which affect these recovery claims
- Collisions and Allisions- Modern technology notwithstanding, vessels of all types still run into things, like bridges, or into other vessels. Coast Guard rules or Inland rules provide the legal structure
- Marine insurance advice and litigation, including coverage disputes, policy interpretation, and broker error and omission claims
EXPERIENCE
Our firm is unique in its ability to tap resources in other offices. The firm’s longstanding expertise in fire cases can be combined with maritime expertise to provide a capability unmatched by any other law firm. Application of a package or other limitation may severely restrict recovery and our attorneys know how to work around (or enforce) such limitations. Admiralty law applicable to maritime disputes is theoretically uniform, but the unique characteristics of the locality involved and the nature of the industry may affect the interpretation by the court.
OUR CLIENTS
- Domestic insurers on recreational boating, hull, cargo, Protection & Indemnity, pollution, and marine employers’ liability policies
- International insurers, particularly subscribing underwriters in London and elsewhere
- Insurance brokers
- Marinas
- Shipping companies
- Carriers
- Importers/exporters
- Ship classification societies
- Shipyards
CASES WE HANDLE
Maritime cases often involve ordinary causes of loss, with a twist. Fires occur in marinas, causing not only substantial property losses but also environmental clean-up problems with overlapping state and federal jurisdictions. Workplace injuries occur at sea just as they do on land— but the uniquely maritime compensation system of maintenance, cure, and unearned wages applies, and the litigation may involve a petition for limitation of liability. Transportation claims arise, but in a multimodal situation, posing the possible applicability of international conventions. The expertise to apply specialized areas of law to everyday problems sets us apart, whether we are defending claims or pursuing subrogated recoveries.
GETTING STARTED
While many assignments originate following the assertion of claims against insureds, on subrogation cases the sooner we are appointed the better the result. Often there is only one opportunity to inspect the critical area, before the evidence is cleaned up or the ship has sailed. Investigation of maritime claims, whether defense or subrogation, requires not only localized knowledge so the necessary marine surveyors and other experts can be retained, but also the expertise to envision what issues are likely to arise in litigation after investigation is no longer possible.