President’s Message


OK! By now I’m sure you ALL have your travel arrangements completed, your hotel reservations confirmed, your registration forwarded to the National Office, and your bags packed, for the Top Flight Programs to be presented at the National Conference in St. Louis on April 11-12, 2011!!! It is too important to be missed!! Besides the great speakers that have been recruited to provide information on important subjects in all our disciplines, the terrific meals and entertainment planned, there will also be updates on various subjects important to us all, including new proposed USCG Mandates. Not only that, but you will be able to acquire all your required 2011 CE’s at this time!!

One of the most important reasons for attending our conferences, that is rarely mentioned, is the opportunity to meet and socialize with other members we may not know, or do not get to visit with, except at these gatherings. The result of these social interactions is not only gaining a larger number of others to contact when we could use some help on a particular issue, but to increase business for all of us.

As an example, I am quite often called by Bankers, Underwriters, Brokers and other old clients who want to know who would be a good NAMS Surveyor to call about a specific job, or talent, in some area where they do not already know someone.

Think about it!! Are you going to tell them to go to the NAMS website and pick one, since they are all excellent surveyors?? OR, are you going to take the time to recommend a NAMS Surveyor who you know is qualified in the area they are inquiring about, because you have met and KNOW that NAMS Surveyor because you have visited with him/her at the NAMS Conferences??

The flip side of that is your work could be increased when your phone rings and a potential new client says: “My regular NAMS Surveyor here on the NE Coast (or where ever) tells me you would be the person to call regarding an assignment in your are of the Gulf Coast”. Lookie there! New $$ in your pocket!! And, one new assignment may very well pay for your trip to the conference.

If you have not made your arrangements yet, GET WITH IT!!!, time is running out and we do not want to miss seeing you there.



Dick Frenzel, NAMS-CMS


From The National Office

Please note that the 2011 dues must be paid by 31 March 2011 or a 25% late fee will be imposed. You may pay your dues using your credit or debit card by calling the national office. You may also send a check, but please call or email the national office and tell Evie you have done so.


NAMS Applicants

New Applicants
Name Status & Discipline Applying For Region Sponsor(s)
Philip A. Gallo Apprentice N. York C. Crivici
Charles “Chadd” Parker Associate W. Rivers P. Merrill, J. Stockmann, M. Ledet
Charles J. Hazouri Associate E. Gulf R. Frenzel
Anthony J. Anselmi Associate E. Gulf Tim Anselmi, Childs Dunbar & Chris Labure
Barnaby C. Blatch CMS N. England D. Holaday

Upcoming Educational Events

10 – 12 April 2011, St. Louis, Missouri

NAMSGlobal 49th Annual National Marine Conference East
Crown Plaza – Downtown, 200 N. Fourth St.
Hotel Reservations 800.925.1395 or 314.621.8200
Block room rate $149.00 plus tax – Block room rate cut off date, 11 March 2011
Contact  Gregon Gant, 281.922.1171

11 – 13 September 2011 Vancouver, B.C. Canada

NAMSGlobal 43rd Annual National Marine Conference West

The Coast Plaza Hotel, 1763 Comox Street, Vancouver, B.C. Canada V6G 1P6

Reservations: 604.688.7711  Room rate: $159.00 plus taxes

Spring 2012 Panama City, Florida

NAMSGlobal 50th Annual National Marine Conference East

2011 ABYC Course Calendar

5 – 7 April 2011 Basic Marine Electrical (EL200), Portland OR; Click Here For Details

12 – 15 April 2011, Marine Systems Certification (MS400), Dare County, NC; Click Here For Details

19 – 22 April 2011, Marine Systems Certification (MS400), Gulfport, MS; Click Here For Details

10 – 13 May 2011, Electrical Certification (EL400), Oakland, CA; Click Here For Details

28 July 2011, Proctor Testing Date; Click Here For Details

16 – 19 August 2011, Marine Systems Certification (MS400), Nashville, TN; Click Here For Details

ABYC Prerecorded Webinars Now Available (must be viewed within 30 days from date of purchase)

A logical look at troubleshooting Webinar; Click Here For Details

New Battery Technology, Are We Protected by Ed Sherman; Click Here For Details

If you have any questions regarding the ABYC courses, contact Cris Gardner or Sandy Brown at 410.990.4460


Notice Of Internet Browser Updates

Please note that Microsoft has distributed Internet Explorer 9 with new features and security updates.

If your internet browser preference is Mozilla Firefox, there is a new version 4 available.

Your Apple update should be set to look for new Safari updates as they are available.

Whatever your Operating System and / or Internet Browser choice (and there are other browsers than just the three listed above), you are encouraged to use the latest browser version your Operating System will allow.

NAMS St. Atlantic Region Seminar Photo

Attendees at the recent S. Atlantic Region seminar in Panama City, Florida observe the monitor of aVideoRay system demonstrated in the clear waters of a swimming pool.  The VideoRay system includes a remotely operated vehicle (ROV) that can be sent into underwater locations that its owners and surveyors cannot reach, or where it might be necessary, or even dangerous, for them to do so.

Relocations and Transfers

Retired NAMS-CMS member and Managing Director of Kiwi Marine Consultants Ltd, Mr. Mike Wall, will shortly be relocating to Pattaya, Thailand, to take up the post of Principal of the new Asian Maritime College (AMCOL) which will open in December 2011.

Captain Jethro Seale has relocated to Hong Kong to take up the position of General Manager of DLS Kiwi Marine Ltd. He can be contacted at (+852) 9032 5452 and at: [email protected]

The “Right Of Way” As Used In The NAVRULES And Other Waterway Navigation Laws

By Capt. Joseph A. Derie, NAMS-CMS; AMS, SAMS; CMI, Southwest Passage Marine Surveys

“Right of way” is one of the most misused and misunderstood terms from the NAVRULES. As professional marine accident investigators it is imperative that we use and understand the proper terminology in our reports, when being deposed and when giving testimony during a trial.

In a recent boating newsletter there was a letter to the editor from a reader referring to an earlier article about a collision in which the phrase “there is no right of way for boats,” had been used. The letter writer went on the say that Chapman’s Piloting and Seamanship used the phrase specifically when defining the “Danger Zone” (that area on the starboard side of a boat from 0 to 112.5 degrees that defines a crossing situation) and the actions to be taken in a crossing situation, and that the article was therefore in error. The editor replied that the phrase “right of way” – is not used in the NAVRULES, and what the article had meant was “no vessel has the right of way over any other vessel if there is imminent danger of collision.”

The editor was inaccurate when he stated that right of way was not used in the NAVRULES. It can be found in the Inland Rules in Rule 9 Narrow Channels, and Rule 14 Head-On Situation. It can also be found in waterway navigation rules both federal and state. It is used in very specific circumstances, generally to supersede or modify the normal vessel “give way” and “stand on” requirements.

Inland Rule 9(a) (ii) states that: “Notwithstanding paragraph (a)(i) and Rule 14(a), a power-driven vessel operating in narrow channels or fairways on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(i), as appropriate. The vessel proceeding upbound against the current shall hold as necessary to permit safe passing.”

To better understand Rule 9 (a) (ii) we have to look closer at the last sentence where the phrase “shall hold as necessary to permit safe passing” is used. Note the term give-way, with its requirement to maneuver, as found in Rule 16, is not used here.

Inland Rule 14 (d) states that: “Notwithstanding paragraph (a) of this Rule, a power driven vessel operating on the Great Lakes, Western Rivers, or waters specified by the Secretary, and proceeding downbound with a following current shall have the right-of-way over an upbound vessel, shall propose the manner of passage, and shall initiate the maneuvering signals prescribed by Rule 34(a)(1), as appropriate.”

To better understand Rule 14 (d) we have to understand that Rule 14 (a) requires both vessels to maneuver. Both are give-way vessels and there is no stand-on vessel in this situation.

These rules recognize that vessels downbound that are traveling with a following current are less maneuverable than vessels traveling upbound proceeding against the current. In this case, unlike in other situations where give-way and stand-on apply, in order to ensure a favorable and safe passage the downbound vessel shall be the vessel initiating maneuvering signals.

The phrase right of way is also found in 33 CFR 162 Inland Waterways Navigation Regulations. Specifically, 33 CFR 162.40 (c) Inland waterway from Delaware River to Chesapeake Bay, Del. and Md. (Chesapeake and Delaware Canal); and 33 CFR 162.205 (a) (3) Suisun Bay, San Joaquin River, Sacramento River, and connecting waters, CA.

33 CFR 162.40 (c) would seem to be an adoption of those parts of Inland Rules 9 and 14 as discussed above, with the addition of the requirement that “all small pleasure craft shall relinquish the right-of-way to deeper draft vessels, which have a limited maneuvering ability due to their draft and size.” This is a modification of Inland Rule 9 (b) where “vessels less than 20 meters or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway.”

33 CFR 162.40 (c) (i) states that “United States dredges, tugs, launches, derrick boats, and similar plant of contractors executing river and harbor improvement work for the United States, and displaying the signals prescribed by the regulations contained in Part 80 of this chapter shall have the right of way and other craft shall exercise special caution to avoid interference with the work on which the plant is engaged. Dredges, whether Federal or contractors’ plant, working the channel must however, take special care to give ocean-going vessels sufficient room for passing, and must lift both spuds and the ladder, and pull clear, if an adequate width of clear channel way cannot otherwise be provided.” This is a modification of Inland Rule 18 Responsibilities Between Vessels.

33 CFR 162.40 (c) (ii) goes on to say: “Light-draft vessels when meeting or being overtaken by ocean-going vessels, shall give the right of way to such vessels by making use of the shallower portions of the waterway.” This is another modification of Inland Rule 9 (b) as discussed above.

Some states, including Arizona and Oregon, use right of way in their state boating laws. Arizona state boating law gives the right of way “to any craft not under power, unless such non-powered watercraft is overtaking a power craft.” The Arizona state law would seem to be a modification of Rule 18 Responsibilities Between Vessels, for “craft without power.”

Oregon state boating law cites right of way in two instances: (1) “Passing – A boat may overtake another boat on either side, but must grant right-of-way to the boat that is overtaken;” and (2) “Boats proceeding downriver have right-of-way over boats proceeding upriver. Note: Having the right-of-way does not allow the operator to endanger others.”

The rule cited in (1) above appears to be a modification of Inland Rule 13 Overtaking from the NAVRULES. While in (2) above, Oregon appears to have adapted those parts of Inland Rules 9 and 14 discussed previously.

Unfortunately, it is not uncommon to hear professionals who should know better, including boating safety officers, instructors teaching marine accident investigation and even attorneys in court, misuse the phrase right of way. As seen from our example above, even the normally authoritative Chapman’s Piloting and Seamanship, 64th ed., misuses the term on several occasions, even using it as the title of a chapter. Chapman’s continues to misuse it when discussing Rule 18 Responsibilities Among Vessels. Rule 18 does not use right of way but rather the phrase “shall keep out of the way of.”

The editor’s reply that “no vessel has the right of way over any other vessel if there is imminent danger of collision” is correct. Rule 17 Action by Stand On Vessel, sub-paragraph (b) states: “When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.” and in sub-paragraph (d) of that rule states: “This Rule does not relieve the give-way vessel of her obligation to keep out of the way.”

The use of the phrase “right of way” by mariners in any other circumstances than those referenced above is inappropriate because of its implication, as taken from a principle in highway traffic, of the legal establishment providing for the vehicle that has the right to proceed first or that has the right to use the conflicting part of the road, and the requirement for other vehicles to wait.

UK – Yacht Operators Sentenced For Unsafe Activities

The UK Maritime and Coastguard Agency (MCA) issued a press notice stating that two commercial yacht operators pleaded guilty to using unsafe commercial yachts on trans-Atlantic voyages while carrying students for yacht training courses. In the first case, where the yacht was operated without a qualified yachtmaster and without required lifesaving equipment, the operator was sentenced to a fine of £16,000 including costs. In the second case, where the yacht was operated without a qualified yachtmaster and without required stability testing, the operator was sentenced to a fine of £17,549. (2/8/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting[email protected] Website © Dennis L. Bryant

Boatbuilders Can Obtain EPA Emissions Waiver: ABYC member Perko, Urges Builders To File For An EPA Now

An important reminder was issued by Perko Fuel Systems and the marine industry publication, Trade Only. New EPA evaporative emissions standards will take effect July 31. A waiver is written into the regulations that give companies of 500 employees or less the ability to build as many as 1,200 boats in one year that are not in compliance. Boatbuilders that qualify for the small-business exemption are encouraged to file for a waiver now. Waivers are not automatically given. Builders must file for them. A sample waiver letter and directions about how to submit a waiver can be found on Perko’s Website. Interested and qualifying boatbuilders need to file for the waiver soon, to avoid missing the July 31, 2011 deadline.

USCG – Safety Alert Regarding Air Receivers And Relief Valves

The US Coast Guard issued a Safety Alert reminding owners and operators of uninspected towing vessels (UTVs) of the importance of inspecting and maintaining air receivers and relief valves. (2/14/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting[email protected] Website © Dennis L. Bryant

Sixth Circuit Rules on Failure to Notify Coast Guard Case

Michael Chalos writes: – In United States v. Canal Barge Company, the Sixth Circuit Court of Appeals found that the District Court erred in acquitting defendants on the ground that there was no criminal venue in the Western District of Kentucky.

This case was brought in the Western District of Kentucky after a barge carrying 400,000 gallons of benzene on the Mississippi River sprang a leak near St. Louis, Missouri. The leak was discovered on June 16, 2005 by an employee of Canal Barge, who in turn applied a temporary epoxy patch to secure the leak. This temporary fix worked for about four (4) days. The barge then transferred to a towboat owned by a different company. When the barge began traveling up the Ohio River on June 20, 2005, the epoxy patch failed and the Coast Guard was immediately notified of the leak.

Canal Barge and three employees were charged with conspiracy to violate the Ports Waterways Safety Act (PWSA), violation of the PWSA, and negligent violation of the Clean Water Act. After trial, the jury returned a verdict of guilty for violating the PWSA and acquitted the defendants on the remaining two counts. The defendants moved for a judgment of acquittal on the ground of improper venue. The District Court granted the defendants’ motion concluding that the PWSA violation was an offense that was complete at the time the defendants failed to immediately notify the Coast Guard of the Hazardous Condition and was not a continuing offense, giving rise to jurisdiction in the Western District of Kentucky.

The Sixth Circuit turned to 18 U.S.C. 3237(a) to determine when an offense is continuous for purposes of venue. The statute provides: “any offense against the United States begun in one district and completed in another, or committed in more than one district, may be inquired of and prosecuted in any district in which such offense was begun, continued, or completed.” The Sixth Circuit reasoned that this was a continuing offense that was committed in multiple districts because the defendants were first aware of the hazardous condition in Missouri and the condition was not reported until another towboat owner discovered the failure of the epoxy patch in Kentucky. By classifying this as a continuing offense, the obligation to report the hazardous condition starts immediately when the relevant actor has the relevant knowledge that a hazard exists, and this duty to report continues until a report is made to the Coast Guard. Further, because the barge continued moving until the unreported hazardous condition was present in the Kentucky, the PWSA violation occurred in part of the Western District of Kentucky, thereby making venue proper.

To read a copy of the Sixth Circuit Court of Appeal’s decision, please visit:   [email protected]  Courtesy Maritime Advocate Online, a weekly digest of news and views on the maritime industries, with particular reference to dispute resolution. To contact the editor Bevis Marks, send an e-mail to: [email protected]

EPA and U.S. Coast Guard Step Up Efforts to Protect U.S. Waters: Memorandum Of Understanding Outlines Enhanced Coordination Of Enforcement And Compliance Activities

Washington – The U.S. Environmental Protection Agency (EPA) and U.S. Coast Guard (USCG) today signed a memorandum of understanding (MOU) to work together to protect people’s health and the environment. The MOU outlines steps the agencies will take to better coordinate efforts to prevent and enforce against illegal discharges of pollutants from vessels, such as cruise ships and oil tankers. “Protecting America’s waters is one of EPA’s top priorities, and our compliance and enforcement work is critical to meeting this challenge,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “By building on our partnership with the Coast Guard, we are working to improve the health of our nation’s treasured rivers, bays, harbors and estuaries.”

Under the MOU, USCG has agreed to incorporate components of EPA’s vessel general permit program into its existing inspection protocols and procedures to help the United States address vessel pollution in U.S. waters. The MOU creates a framework for improving EPA and USCG cooperation on data tracking, training, monitoring, enforcement and industry outreach. The agencies have also agreed to improve existing data requirements so that information on potential violations observed during inspections can be sent to EPA for evaluation and follow-up.

The vessel permit program applies to more than 61,000 commercial ships based in the U.S. and more than 8,000 foreign ships operating in U.S. waters. The vessel permit covers 26 types of discharges such as deck run-off from rain, ballast water used to stabilize ships, and wastewater from showers, sinks and laundry machines. These discharges may result in negative impacts on the environment, including the spread of invasive species from ballast water that can harm sensitive ecosystems. The vessel permit program also specifies corrective actions, self-inspections and self-monitoring, record keeping and reporting requirements.

Read a copy of the MOU: More information on EPA’s vessel permit program:

For more information on USCG activities:

Updated Navigation Aid / Light Lists – 2011 Light Lists

You may view the LightLists corrected through Coast Guard LNM 01/11 for each Coast Guard District by clicking on the map below. These publications contain a list of lights, sound signals, buoys, daybeacons, and other aids to navigation. They are in PDF format and are approximately 4 MB in size. It is recommended that Windows users right-click on their mouses, then click on “Save Target As” to save the files to their hard-drives or other local storage medium.

Seaman Died In Fall From Pilot Ladder

German accident investigators have stressed the need for seafarers to have high standards of safety awareness following a fatality onboard a ship in the port of Hamburg.

A Filipino seaman died in a fall from the Antigua & Barbuda-flagged containership Ems Trader whilst lowering a platform to enable a pilot to come onboard in November 2009. An investigation into the accident blamed it on a ‘permissible but potentially hazardous’ pilot ladder construction and a failure to follow appropriate safety precautions when carrying out the job.

The report says the case is one of a number in which the risks of such tasks as deploying pilot ladders and gangways have been underestimated by crew, and argues that it highlights the need for high standards of safety management.

Investigators said that the pilot boarding point had been poorly designed and was extremely narrow, with little light and a slippery floor. The boarding station was suspended and lowered by hand with the pilot gate open, posing ‘a risk to life and limb’.

The German accident investigation authority BSU pointed out that the seaman had failed to use a safety line. The report said it was unacceptable for the job to have been carried out alone and called for the use of fall arrestor equipment while the work is in progress.

(With thanks to the Nautilus Telegraph:  Courtesy FLASHLIGHT, a free monthly e-newsletter circulated to more than 5,000 people involved in marine surveying around the world. It is circulated to anybody who wishes to receive a copy. It is a collation of articles relevant to our profession taken from various publications together with contributions from readers. Letters, opinions and articles relating to our profession are welcomed for the newsletter. [email protected]

Heroic Caribbean Rescue

Myda Egrmajer was rescued on 2 December after a brutal pirate attack on her father’s yacht Adina. Milan Egrmajer had been living on the Adina in Guatemala, and was joined by his daughter for a three-month sailing trip to Panama. As a result of bad weather, they had anchored their vessel in a lagoon by an island north of Honduras.

A ‘fishing vessel’ approached asking for help with a broken engine,  but as Mr. Egrmajer offered tools to the crew, one of the men produced a gun and shot him dead. Ms Egrmajer managed to scare the pirates away by brandishing a flare gun. Then, realizing that she was on her own without the experience to sail to a place of safety, she found a manual to help her operate the radio and contacted the Honduran Coast Guard for help.

The Tessa PG was in the vicinity under the command of Captain Mark Constantine, and with night falling, the ship’s officers managed to talk Ms Egrmajer through the steps needed to navigate her vessel out of the lagoon and approach the tanker. Meanwhile, a fishing boat had approached the Tessa PG, and had been firmly told to leave the area by the tanker’s crew, who suspected that it had weapons onboard.

On exiting the lagoon, the Adina’s engines failed, and it became obvious that action was needed to save Ms Egrmajer before the yacht grounded on rocks. Second officer Nick Lee, third officer Josef Fronek and third engineer Gary Stibbs volunteered to crew a rescue boat, and made a quick passage to the Adina through a ‘troublesome swell’.

Ms Egrmajer was sorry to leave her deceased father behind but said she knew he would have wanted her to be safe. She received a warm welcome onboard the Tessa PG, where she was taken to the cadet cabin and given food, clothing and medical checks.

Thanks to the skill and professionalism of the seafarers onboard the Tessa PG, Myda Egrmajer was returned to port safe and well, and has now been reunited with her family in Canada. Fourth engineer Matthew Slizewski said he was very proud to have been part of the crew that day, and praised Ms Egrmajer’s courage, saying she was ‘one of the bravest young ladies we have ever had the pleasure of meeting.’ He added: ‘She gave us all the strength and resolve we needed to muster to get to her and have her safe.’

The crew was praised for their ‘heroic’ and ‘outstanding’ efforts to rescue Ms Egrmajer in a letter from the Canadian ambassador to the area, Cameron MacKay. Courtesy FLASHLIGHT

Training Film To Help Seafarers Comply With New Regulations For Handling Bulk Cargoes

A new training package was launched last month in response to revised international legislation on bulk cargo safety. On 1 January this year, the International Maritime Solid Bulk Cargoes Code (IMSBC Code) came into force, replacing the old Code of Safe Working Practice for Bulk Cargoes (BC Code).

The new code details how to handle some 150 different types of cargo and assess their suitability for carriage. It also covers the safe loading and unloading of these cargoes and makes recommendations on the fumigation of cargo holds.

To help seafarers get to grips with this information, maritime training firm Videotel is releasing a series of training videos entitled Dangerous & Difficult Cargoes, for crews to watch onboard ship. Part 1 is available now, with part 2 to be issued in the spring.

Videotel deputy chairman Stephen Bond said: “There have been a number of serious accidents in recent years,  some involving loss of life, caused by dangerous cargoes. Identification of cargo and an understanding of its properties is key to preventing such accidents. We are pleased to be able to make this vital training series which aims to avoid further fatalities.” Courtesy FLASHLIGHT

NTSB – Factual Reports Re: Tug/Barge Collision With Tour Boat

The U. S. National Transportation Safety Board (NTSB) released its Factual Reports relating to the July 7, 2010 collision in the Delaware River at Philadelphia between a tug/barge and a tour boat. The tour boat, which had developed engine problems and was anchored in the river, carried 34 passengers and two crewmembers. Two of the passengers were fatally injured in the collision. (3/7/11).  Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant

USCG – Reminder Re: Hydrostatic Testing Of Transfer Pipes

The US Coast Guard issued a Marine Safety Bulletin reminding stakeholders of the requirement that each transfer pipe system used in a transfer of oil or hazardous material (including bunkers) to, from, or within a vessel with a capacity of 250 barrels or more on the navigable waters or contiguous zone of the United States be tested annually under static liquid pressure at least 1.5 times the maximum allowable working pressure.  (2/18/11).

Note: The Coast Guard does accept alternative procedures, methods, and equipment standards in order for owners and operators to demonstrate the adequacy of their transfer pipe systems.  Owners and operators considering alternative methods of demonstrating compliance should contact their Captain of the Port (COTP) in advance. Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting[email protected]  Website © Dennis L. Bryant

USCG – Guidelines Re: Perko Nav Lights On Uninspected Vessels

The US Coast Guard issued guidelines for acceptance of the installation of Perko navigation lights on uninspected commercial vessels of less than 20 meters in length operating on inland waters of the United States. Policy Letter 2011-02(2/28/11). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected]  Website © Dennis L. Bryant

Court – Failure To Inspect At Unloading Dooms Damage Claim

The US Court of Appeals for the First Circuit affirmed the district court’s granting of summary judgment in favor of defendant insurers on a property damage claim filed by plaintiff cargo owner. Plaintiff purchased fourteen large underground storage tanks. The tanks were manufactured in Dallas and were shipped by barge from Houston to San Juan, Puerto Rico. Plaintiff purchased insurance from defendants to cover any damage that might occur from the start of loading operations in Houston to berthing of the barge in San Juan. The insurance did not cover damage incurred during the unloading or during transportation to the ultimate destination. The tanks were inspected at the start of loading and found to be satisfactory. The tanks were not inspected when the barge berthed in San Juan. Damage was later discovered and plaintiff asserted that the damage must have occurred during transit on the barge. In affirming summary judgment for the insurers, the court held that plaintiff had adduced no significantly probative evidence to make out a genuine issue of material fact to substantiate its claim.Tropigas de Puerto Rico v. Certain Underwriters at Lloyd’s of London, No. 10-1122 (1st Cir., March 11, 2011). Courtesy: Bryant’s Maritime Blog – Bryant’s Maritime Consulting [email protected] Website © Dennis L. Bryant


  1. The opinions, beliefs and viewpoints expressed by the various authors and / or other content providers published in the National Association of Marine Surveyors, Inc. (NAMS aka NAMSGlobal) eNews do not necessarily reflect the opinions, beliefs and viewpoints of this Association or its officers and directors, or the official policies of the Association.

Copyright Statement

  1. The author of each and every article published in this eNews owns his or her own words.
  2. The articles reprinted in this eNews may NOT be redistributed in any other media without the express consent of the original source.

Submissions Policy

An article may be submitted for possible publication in this eNews in the following manner.

  1. Send an email message to [email protected] describing the submission you would like to publish.
  2. Each submission must be confined to one topic and must be less than 300 words in length.
  3. If the editor responds by expressing interest in your submission, save your submission in Rich Text Format (.rtf) and send it as an email attachment to [email protected]Be sure to include your full name, contact information (address, telephone number, and email address – to be used only by the editors), and a short bio in the body of the email.
  4. Submissions are published in this eNews only on the condition that the author agrees to all terms of the Disclaimer, Copyright Statement, and Submissions Policy as outlined above.
  5. Unsolicited submissions will not be considered for publishing and will not be returned.