engleski

The elements of protection of the marine environment in general average as a type of claim in marine insurance

General average as a type of claim in marine insurance is usual for the hull & machinery and cargo insurance. The aim of a general average act is to protect the property involved in a marine adventure, and therefore it benefits the insurers of that property. However, in case of a marine accident it is sometimes difficult to separate the measures and expenses undertaken to protect the property involved in a marine adventure and those that contribute to the prevention or minimization of marine pollution. Often, the sacrifices and expenditures admitted in general average contribute to the protection of environment. The expenses made in connection with the avoidance of pollution are frequently undertaken in the common interest for the safety of the marine adventure, and are admitted in general average. Therefore, the measures of pollution prevention automatically contributing to the avoidance of the shipowner’s pollution liabilities enter the domain of the marine property insurance, although by their nature they should fall under the typical P&I cover. The various sorts of measures and expenditures admitted in general average as a type of claim in hull & machinery and cargo insurance are analysed whilst the distinction and the possible overlap in relation to P&I insurance, i. e. the insurance of shipowner’s liability, is clarified. The analysis and the discussion are based on the concepts adopted by the York-Antwerp Rules in the context of the standard clauses for the insurance of ships and cargo, i. e. the Institute Clauses, and the usual rules of the P&I clubs.

protection of the marine environment; general average; marine insurance

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