ABSTRACT

The 'Inchmaree' or 'Negligence' Clause was introduced as a direct result of the case of Thames and Mersey Marine Insurance Co Ltd v Hamilton, Fraser and Co, 'Inchmaree' (1887) 12 AC 484, HL, which drew attention to the problems that could arise with some claims made under the auspices of 'perils of the seas'. Often referred to also as the 'additional perils clause',1 the Clause is now contained within cl 6.2 of the ITCH(95) and cl 4.2 of the IVCH(95).2 Particular attention is drawn to the due diligence proviso, which applies to the whole of this Clause on additional perils. Should a claim be brought under any one of these perils, the conduct of the 'Assured, Owners, Managers or Superintendents or any of their onshore management' will be called into question.