Marine Cargo Insurance
CHAPTER 14
RECOVERABLE EXPENSES AND LIABILITIES: SUE AND LABOUR, SALVAGE, GENERAL AVERAGE AND COLLISION LIABILITIES
Sue and labour
Sue and labour and cargo insurance
14.1
Where there is a casualty the assured under a marine cargo policy has a duty to minimise any loss that would fall upon cargo insurers. This duty is triggered by the casualty and, absent any provision in the insurance expressly requiring the exercise of due diligence,1 there is no general duty of due diligence.2 The duty to sue and labour is spelt out in the Marine Insurance Act 19063 and may reflect a similar though lesser obligation to mitigate at common law in non-marine insurance.4 The distinguishing factor in marine cargo insurance is the right of the assured to recover from the insurers the expenses reasonably incurred in mitigation of the insurers’ loss.5