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Shipping & Transport

14 October 2020
Steffen Maelicke Yacht hull insurance: coverage if insured was unaware that yacht was unfit to sail

Germany - Arnecke Sibeth Dabelstein

In 2019 the Flensburg court considered damage to a sailing yacht which had occurred during a sailing regatta (ie, a series of boat races) in 2010. The judgment strengthens the legal position of insureds with yacht hull insurance. It highlights that insurers have the onus to prove that the insured was aware of the unseaworthiness when the voyage commenced. It is not enough to prove the unseaworthiness – insurers must prove that the owner was aware thereof.

Author: Steffen Maelicke
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