Define: Inchmaree Clause

Inchmaree Clause
Inchmaree Clause
Quick Summary of Inchmaree Clause

The Inchmaree clause, also known as the additional-perils clause, is a provision in maritime law designed to safeguard against non-natural risks, such as errors made by sailors or issues with the ship’s machinery. It derives its name from a British vessel that sank in 1884, resulting in a court case that established this clause. This provision is commonly included in insurance policies to provide coverage for losses that fall outside the scope of the standard perils clause.

Full Definition Of Inchmaree Clause

The Inchmaree clause is a provision in maritime insurance policies that offers protection against risks that are not caused by natural events. These risks may include negligence on the part of a sailor or a hidden flaw in machinery. The clause is named after the Inchmaree, a British ship that sank in 1884. The subsequent legal proceedings led to the establishment of this clause. For instance, if a ship’s machinery malfunctions due to a flaw that is not a result of a natural event, the Inchmaree clause would provide coverage for the resulting damages. This clause is significant because it expands coverage beyond the standard perils clause, which only covers losses caused by natural events like storms or collisions with other vessels.

Inchmaree Clause FAQ'S

– An Inchmaree Clause is a provision commonly found in marine insurance policies that covers damage or loss caused by machinery breakdown or defects on a ship.

– The Inchmaree Clause typically covers damage or loss resulting from breakdowns or defects in the ship’s machinery, including engines, boilers, turbines, and other mechanical equipment.

– No, the Inchmaree Clause generally does not cover damage caused by normal wear and tear. It specifically applies to damage resulting from machinery breakdown or defects.

– Yes, the Inchmaree Clause can be included in marine insurance policies, but it is not automatically included. It needs to be specifically added to the policy.

– Yes, the Inchmaree Clause can be applicable to all types of ships, including cargo vessels, tankers, passenger ships, and other marine vessels.

– Yes, the Inchmaree Clause can be invoked even if the machinery damage was caused by negligence, as long as it falls within the scope of the clause’s coverage.

– Yes, there may be limitations to the coverage provided by the Inchmaree Clause, such as exclusions for certain types of machinery or specific causes of damage. It is important to carefully review the policy to understand the extent of coverage.

– No, the Inchmaree Clause typically covers only the physical damage or loss caused by machinery breakdown, not the loss of income or business interruption resulting from it.

– Yes, the Inchmaree Clause can be invoked if the machinery damage was caused by a latent defect, as long as the defect was not known or discoverable at the time of the insurance contract.

– The Inchmaree Clause is a widely recognized provision in marine insurance, but its inclusion in a policy may vary. It is important to consult with an insurance professional or legal expert to ensure its presence and applicability in a specific policy.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 17th April 2024.

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