By: Christine M. Walker and Adam B. Cooke
Fowler White Shareholders Christine M. Walker and Adam B. Cooke's article "How Genuinely Salty is Salty Enough?" has been published in the November 1, 2021 edition of the Bitter End Bulletin.
The Bitter End Bulletin is published by the Committee on Marine Torts and Casualties of the Maritime Law Association of the United States.
Whether the general maritime law or state law applies to a marine tort incident creates one of the first questions that a maritime practicioner must answer. Why? Well, although in some cases the facts create a very black and white to this question, in others, the answer may have shades of grey. While those shades may stay grey on the maritime practitioner's paper until the trier of fact makes a decision on the applicable law, to the marine insurer for the case, those variances in color are not grey, they are green. Very green as choice of law could impact not only the categories of potentially recoverable damages, but also the availability of attorney's fees.
CLICK HERE TO READ FULL ARTICLE