MarIus 516: Direct action against the liability insurer of carriers of passengers by sea in the case of death or personal injury
Author: Eliseo Noguero
MarIus 516 Eliseo Noguero
This article seeks to analyse the 2002 Athens Convention in so far as direct action against the mandatory insurer is concerned. The author maintains that it is an exemption to the main rule of privity of contract. The article starts with an explanation of the legal sources of direct action, also taking into consideration the regional regime within the European Union and the European Economic Area (Regulation EC No. 392/2009). It also pays special attention to the coverage of war and terror risks and to the special regulation of these under the 2006 IMO Guidelines. Next, the article analyses the competent courts and the national law applicable to such direct action. Finally, it turns to looking at defences that can or cannot be invoked by the insurer against the claimant and also at insurance coverage limitations per passenger and per ship (1996 LLMC).