Responder Immunity: Protecting the Salvor in “Bet the Company” Responses

June 24, 2020
Maritime Reporter and Engineering News

Types : Bylined Articles

The specter of liability beyond the limits of applicable insurance for the salvor’s liability to both its contractual partner and third parties continues to haunt the American Salvage Association’s members. Hence, the efforts since 2011 to obtain broad based immunity from claims beyond the patch work of statute, judge made law and contractual risk shifting terms. The exposure on certain projects to the prospect of “you bet the company claims” has caused prospective bidders with the requisite skills, technical expertise, and physical resources to decline opportunities to participate in major but high-risk projects. Responder immunity would negate this disincentive.


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