Posts by Alan Stewart

• Maritime Casualty

  What Are Vessel “Appurtenances”?

  • March 14, 2016
  • By Alan Stewart

  Maritime cases often discuss vessels and their “appurtenances.” For example, a vessel owner can be held liable under the theory of unseaworthiness if the vessel’s appurtenances are defective.  Merriam-Webster defines “appurtenance” as “an object that is used with or for something.”  But what does the word mean under general maritime law, and how do we […]

• Insurance & Casualty Litigation

  Statutorily Limiting Liability in Certain Vessel Lawsuits

  • January 27, 2016
  • By Alan Stewart

  Under the federal Limitation of Liability Act of 1851 (“the Act”), owners of vessels (and, occasionally, charterers of vessels) can sometimes limit their exposure in vessel-related cases to “the value of the vessel and pending freight.”  See 46 U.S.C. §§ 30501 et seq.  If a vessel has multiple owners, any owner’s liability will not exceed […]

• Maritime Casualty

  Is Your Contract Governed By General Maritime Law?

  • June 13, 2014
  • By Alan Stewart
  

  In the absence of express provisions to the contrary, maritime contracts are to be governed by and interpreted under general maritime law.  In other words, contractual disputes will be resolved under maritime law (rather than state law) if the applicable contract is a maritime contract. Is the Contract Maritime in Nature? When determining whether a […]