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Marine Insurance

Is marine insurance mandatory in Georgia?

For vessels flying the Georgian flag, liability insurance (P&I) covering pollution and crew claims is mandatory under international conventions and local regulations.

What does "General Average" mean?

General Average is a principle where all parties in a sea venture (ship and cargo) proportionally share losses resulting from a voluntary sacrifice to save the whole venture.

How do I file a claim for damaged cargo?

You must immediately notify the carrier and insurer, appoint a surveyor to inspect the damage, and secure evidence before the cargo leaves the port or custody.

What are Institute Cargo Clauses?

These are standard insurance terms (A, B, C) used globally, defining the extent of coverage for cargo. Clause A offers the widest "all risks" coverage.

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Marine Insurance is a fundamental component of global trade and transportation, covering risks associated with vessels, cargo, and liability. Maritime business involves colossal financial risks—from shipwrecks to cargo damage and environmental pollution. In Georgia, as a transit hub, the legal aspects of marine insurance are particularly relevant for shipowners, cargo owners, and carriers. Qualified legal assistance is essential not only for selecting and executing the correct insurance policy but also for ensuring claim settlement when an insured event occurs.

What does Marine Insurance service cover?

Lawyers working in the field of marine insurance offer services in three main areas:

  • H&M (Hull & Machinery): Insurance for the ship's hull and machinery. This covers physical damage to the vessel, collision, fire, and sinking. Lawyers assist in analyzing policy terms (e.g., Institute Time Clauses) and adjusting claims.
  • P&I (Protection & Indemnity): Shipowner's third-party liability insurance. This covers crew injuries, pollution, cargo damage, and damage to port infrastructure. Interaction with P&I Clubs is particularly important here.
  • Cargo Insurance: Protection of cargo during transport (ICCs - Institute Cargo Clauses A, B, C). Lawyers are involved in subrogation claims and investigating insurance events.
  • Freight Insurance: Insurance against the risk of losing freight (shipping fees) in the event of vessel damage or loss.

Common Situations and Needs

The involvement of marine insurance lawyers is critical in the following cases:

  • Ship Collisions: Apportioning damages and dealing with insurance companies within the scope of "Collision Liability" when two vessels collide.
  • General Average: A situation where part of the cargo is sacrificed or extraordinary expenses are incurred to save the vessel. Lawyers help average adjusters proportionally distribute the loss among all parties.
  • Refusal to Pay: The insurer refuses coverage on the grounds that the vessel was unseaworthy or violated navigation limits.
  • Seafarer Injury: Negotiating with the P&I Club to obtain medical expenses and compensation for a seafarer.

Georgian Legislation and Regulations

In Georgia, marine insurance is regulated by the Maritime Code of Georgia (Chapter XII "Marine Insurance") and the Civil Code of Georgia. The Maritime Code defines insurable interest, insurable value, and the obligations of the parties. Additionally, P&I insurance is mandatory for vessels flying the Georgian flag under certain conventions (e.g., CLC, Bunker Convention). In international practice, English law principles and the Institute Clauses of the Institute of London Underwriters are widely used, which Georgian courts also take into account based on the principle of freedom of contract.

Service Process

Marine insurance legal services include:

  1. Risk Analysis: Selecting optimal insurance coverage based on the specifics of the client's business.
  2. Policy Audit: Detailed analysis of insurance contracts to identify "fine print" and exclusions.
  3. Claims Handling: Collecting evidence, working with surveyors, and substantiating the amount of loss when an insured event occurs.
  4. Negotiations and Litigation: Disputing with insurance companies or P&I Clubs to obtain reimbursement, including court or arbitration proceedings if necessary.

Why Legal.ge?

Marine insurance is a highly specific field where a generalist lawyer would struggle to interpret terms like "Particular Average" or "Sue and Labor Clause." Legal.ge allows you to find specialists with deep knowledge of both Georgian maritime law and international insurance practice. Through our platform, you can protect your maritime assets and ensure financial stability for your business during unforeseen events.

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