Jumbo Barge Becomes Wedged Against a Railway Bridge
A jumbo hopper barge became wedged against a railway bridge in Burlington, Iowa along the Mississippi River after five barges broke loose and slammed into two bridges; it took 63 hours to free it after the barge accident.
Line boats and towboats were used to free the barge and help push it up the river. Allegedly, the barges broke free from a staging area upstream. The owners of the barges were unknown, and the barges were loaded with grain or coal. Although bridges are designed to absorb an impact, there was concern about the force of the impact following the Missouri barge accident.
In situations such as that above, insurance becomes very important in order to recover for loss where there isn't a specified cause or claim per se. Under the Corpus Juris Secundum, the following are Marine Insurance policy requirements in terms of giving notice and proof of loss to the insurer in order to be able to recover.
The giving of notice and preliminary proofs of loss is a condition precedent to a recovery under the usual form of marine policy. Notice of loss must be given as mandated by the insurance policy. Generally, notice of loss given by the insured to an insurance broker does not constitute notice to the insurance company without exceptional circumstances.
The requirements of giving immediate written notice and filing written proofs of loss and interest must be construed in accord with their purpose and with the reasonable expectations of the parties, and the insured is allowed a reasonable period in which to fulfill such requirements. Timely notice is given under the immediate notice requirement where the insured's broker leaves a recorded telephone message for the insurance company on the day of the occurrence, which may result in a claim, and later writes to the company to confirm the information.
Any delay in providing information to the insurance company is excused by the insured's good faith efforts to collect and organize documentation and the lack of diligence on the company's part to increase its knowledge of the loss. However, the insured is not relieved of his or her obligation to give immediate notice where the insurance company's awareness of occurrences or Maritime Accidents does not afford it with actual notice that the loss or damage insured against has been sustained.
A substantial compliance with the terms of the policy relating to proof of loss is sufficient. The proofs usually are required to show the interest of the insured and the nature and extent of the loss. Notice of loss may be given over the telephone and later confirmed by written correspondence.
As an experienced attorney in Maritime Law, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.BargeAccidentLawGroup.com for more information.
