Marine practitioners must be aware of the issues that may arise when dealing with potential claims in the marine insurance context. In some jurisdictions, both in the United States and abroad, plaintiffs may join the insurer in the lawsuit and seek recovery directly, rather than only through the insured. In most jurisdictions, the plaintiff will likely prefer to have the case heard in state court, but the defendant will seek to have it in federal court. To do this, the defendant may seek to remove the case once it is filed or to seek a declaratory action before the claim is made. Additionally, when dealing with multiple potential claimants, the insurer may wish to file and interpleader and deposit the funds with the court. This Article discusses these practical issues, and others, that may arise in a marine insurance claim.
Responses are scholarly reactions to Articles appearing in the Tulane Law Review. The Review will only accept submissions of this type for Articles appearing within the last three volumes of the Review(or with an abstract appearing on this Web site). See information and guidelines.
- Charles G. De Leo. Shareholder, De Leo & Kuylenstierna P.A., Miami, Florida. J.D., Tulane University School of Law; B.A., University of California—Los Angeles, Pomona College.
LeRoy Lambert. President, Charles Taylor P&I Management (Americas), Inc., New York, New York. J.D., Tulane University School of Law; B.A., Louisiana State University.
- 87 Tul. L. Rev. 1129 (2013)