The perils of the sea, proximity and seaworthiness: The loss of the Marina Iris

Abstract

This paper considers recent case law that adds to the understanding of a much debated and litigated issue within the field of marine insurance law. The issue is about determining the proximate cause of loss of a ship. The essential question is whether the loss was due to the perils of the sea or due to the unseaworthiness of the vessel. The 2006 Marina Iris decision of the Singapore Court of Appeal determined there was a loss due to the perils of the sea. This paper examines the legal position regarding perils v unseaworthiness from an historical perspective and the impact of the Marina Iris decision.