Marine hull policy collision ("running down") clause quoted in full

What this document is

Harbor Towing Corp. v. Atlantic Mutual Insurance Co., 189 F.2d 409 (4th Cir. 1951) - marine hull policy collision ("running down") clause quoted in full is a reference published by U.S. Court of Appeals, Fourth Circuit (opinion text via law.resource.org). It is one of the documents that insurance license exam questions are written from, including claims adjuster practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Harbor Towing Corp. v. Atlantic Mut. Ins. Co., 189 F.2d 409 (4th Cir. 1951) (opinion section construing the collision clause)

  “Our conclusion is that the indemnification furnished by the underwriter in this policy in suit to the owner of the barge is confined to protection from the vessel's misdeed.”

• Harbor Towing Corp. v. Atlantic Mut. Ins. Co., 189 F.2d 409 (4th Cir. 1951) (policy section quoted in the margin: running down clause, costs of contested liability)

  “And in cases where the liability of the Vessel has been contested, or proceedings have been taken to limit liability, with the consent in writing of a majority (in amount) of the Underwriters on the hull and/or machinery, we will also pay a like proportion of the costs which the Assured or...”

• Harbor Towing Corp. v. Atlantic Mut. Ins. Co., 189 F.2d 409 (4th Cir. 1951) (policy section quoted in the margin: running down clause, cross-liabilities)

  “But when both vessels are to blame, then, unless the liability of the Owners or Charterers of one or both of such vessels becomes limited by law, claims under the Collision Clause shall be settled on the principle of Cross-Liabilities as if the Owners or Charterers of each vessel had been compelled...”

• Harbor Towing Corp. v. Atlantic Mut. Ins. Co., 189 F.2d 409 (4th Cir. 1951) (policy section quoted in the margin: running down clause, sister-ship provision)

  “And it is further agreed that the principles involved in this clause shall apply to the case where both Vessels are the property, in part or in whole, of the same Owners or Charterers, all questions of responsibility and amount of liability as between the two vessels being left to the decision of a...”

• Harbor Towing Corp. v. Atlantic Mutual Ins. Co., 189 F.2d 409 (4th Cir. 1951) (holding)

  “Our conclusion is that the indemnification furnished by the underwriter in this policy in suit to the owner of the barge is confined to protection from the vessel's misdeed.”

• Harbor Towing Corp. v. Atlantic Mutual Ins. Co., 189 F.2d 409 (4th Cir. 1951) n.1 (costs paragraph)

  “And in cases where the liability of the Vessel has been contested, or proceedings have been taken to limit liability, with the consent in writing of a majority (in amount) of the Underwriters on the hull and/or machinery, we will also pay a like proportion of the costs which the Assured or...”

• Harbor Towing Corp. v. Atlantic Mutual Ins. Co., 189 F.2d 409 (4th Cir. 1951) n.1 (proviso)

  “Provided always that this clause shall in no case extend to any sum which the Assured or Charterers may become liable to pay or shall pay for removal of obstructions under statutory powers, for injury to harbors, wharves, piers, stages and similar structures, consequent on such collision, or in...”

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