Winter 2013/14 edition Bodily Injury News
In this issue of the journal of the Thomas Miller Americas' bodily injury team articles on Pollution and toxic torts, 5th Circuit on punitive damages and Pitfalls of termination of maintenance and cure.
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With cargo’s newfound ability to go well beyond the vessel and even the port, container lines face new liabilities. The intermodal capability means that containers transit on public highways and railroads, areas traditionally excluded from P&I cover. This new type of risk has given rise to the Through Transport Club (‘TT Club’), a specialised transport and logistics mutual covering risks complementing P&I cover. Both covers dovetail with one another through corresponding cover and exclusions during ocean transit.
A Solution to Pollution
An oil spill is an ‘all hands-on deck!’ moment, inviting everyone from insurers, charterers, owners, the U.S. Coast Guard, local and state authorities, property, and ecological interests, and more to get involved. Tying all these parties together is the Oil Pollution Act of 1990 (‘OPA’).
Founded in 1543, Santos has been long known as a port city – first through the export of coffee and then other commodities. Santos was significantly modernised and expanded in the 1990s to incorporate new technologies, operating with specialised terminals for containers, general cargo, and dry and liquid bulk, and it is responsible for almost 27% of the country’s trade. Santos is considered the largest port in Latin America, with its docks being 25 km long and able to accommodate about 50 ships at a time.
Loading grain cargo in the Pacific Northwest
Loading grains in the Pacific Northwest can be a real test of patience. For shipowners not familiar with the Pacific Northwest, where it rains approximately 150 to 180 days per year, with rainfall totals averaging 40 inches per year, it is important to maximise loading during periods of light rain and to prevent vessel delays while avoiding moisture damage to the cargo during periods of moderate to heavy rain.