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US Supreme Court ruling impacts marine insurance rates

June 26, 2019 — The United States Supreme Court on Monday, 24 June issued a decision likely to result in lower insurance premiums for U.S. fishing vessels.

The court ruled in favor of the defendant in the case Dutra v. Batterton. The plaintiff, a seaman employed by Dutra Group, who was injured when a hatch on a dredge vessel blew open and crushed his hand, sued Dutra seeking general and punitive damages, asserting that the vessel on which he was working was unseaworthy.

Lawyers representing Dutra Group argued that the claims for punitive damages are not eligible on the basis of unseaworthiness. Justices sided with Dutra, ruling that the plaintiff may not recover punitive damages on a claim of unseaworthiness, which reversed a previous ruling by the Ninth Circuit that the plaintiff was eligible for punitive damages.

Justice Alito wrote the majority opinion and was joined by Chief Justice Roberts, as well as Justices Gorsuch, Kagan, Kavanaugh, and Thomas. Justice Ginsberg wrote the dissenting opinion and was joined by Justices Breyer and Sotomayor.

Isaak Hurst, a lawyer at the International Maritime Group, a law firm in Seattle, Washington, U.S.A., said that the court’s decision was a “big win for vessel owners because of the conflicting body of law that has developed around ‘unseaworthiness.’”

Read the full story at Seafood Source

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