Both-to-Blame Clause

Updated: 11 March 2024

What Does Both-to-Blame Clause Mean?

A both-to-blame clause is a clause in an ocean marine insurance contract that states that, due to their negligence, both parties involved must pay for losses when two ships collide at sea. This can include the owners as well as the shippers of the vessels involved in the accident.

Insuranceopedia Explains Both-to-Blame Clause

Despite modern technology, shipping accidents still occur at sea. When they do, both ship captains can be at fault. For example, if each captain left the helm of the ship unattended and the ships crashed into each other, then both parties could be responsible for causing the accident. If both parties have ocean marine insurance policies with both-to-blame clauses, then each party will burden a portion of the losses from the accident.

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