{"id":1462,"date":"2017-08-22T14:38:34","date_gmt":"2017-08-22T14:38:34","guid":{"rendered":"https:\/\/pamstaging.securenow.in\/insuropedia\/?p=1462"},"modified":"2026-02-08T09:08:00","modified_gmt":"2026-02-08T09:08:00","slug":"blame-clause-mean-marine-insurance-policies","status":"publish","type":"post","link":"https:\/\/securenow.in\/insuropedia\/blame-clause-mean-marine-insurance-policies\/","title":{"rendered":"What does &#8216;both to blame Collision clause mean in a marine insurance policy?"},"content":{"rendered":"<div id=\"bsf_rt_marker\"><\/div><h2><strong>&#8216;Both-to-blame&#8217; Collision clause in Marine Insurance<\/strong><\/h2>\n<p><span style=\"font-weight: 400;\">In an event of a collision, the company\u2019s liabilities and risks are covered by the ocean <a href=\"https:\/\/securenow.in\/insuropedia\/blame-clause-mean-marine-insurance-policies\/\">marine insurance<\/a> policy purchased by the company. A marine insurance policy provides protection against losses for ships. Such policies also cover the shipping industry in the event of damage to the ship\u2019s hull and\/or the ship\u2019s freight.\u00a0<\/span><span style=\"font-weight: 400;\">A part of the Marine insurance policy comes with a both to blame clause A marine insurance policy.\u00a0<\/span><\/p>\n<p><span style=\"font-weight: 400;\"> The \u2018both to blame\u2019 clause is acted upon when a ship collides with another ship due to the negligence of both parties. In such an instance owners and shippers of both vessels must share in the losses. The loss-sharing is in accordance with the monetary values of their damaged cargo and interest.<\/span><\/p>\n<h2><b>Parties required to pay for losses under Both-to-blame Clause <\/b><b>in Marine Insurance<\/b><\/h2>\n<p><b>Following are the parties required to pay for losses under the cluase.<\/b><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Owners of the cargo<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">The company responsible for shipment<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">The purpose of the \u2018both to blame\u2019 collision clause in a marine insurance policy is:<\/span><\/p>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Restore the position of the shipowner\/carrier who was traditionally not liable to compensate the owner of the cargo on the ship for errors in navigation or management of the vessel.<\/span><\/li>\n<\/ul>\n<h3><b>Damage caused due to negligence can be because of the following parties:<\/b><\/h3>\n<ul>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Master<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Mariner<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Captain<\/span><\/li>\n<li style=\"font-weight: 400;\"><span style=\"font-weight: 400;\">Servants of the carrier in the navigation<\/span><\/li>\n<\/ul>\n<p><span style=\"font-weight: 400;\">In spite of modern technology, shipping accidents still occur at sea. When such accidents happen, both ship captains can be at fault. Due to the negligence of both the captains or any other responsible person, the ships crash into each other. So, in simple words, both parties become responsible for causing the accident as directed by the \u2018both to blame\u2019 collision clause in the marine insurance policy.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Thus, the advantage of both to-blame collision clauses comes when both parties have ocean <\/span><span style=\"font-weight: 400;\">marine insurance policies<\/span><span style=\"font-weight: 400;\"> with both-to-blame clauses. In such a scenario, each party can burden the other with a portion of the losses from the accident.<\/span><\/p>\n<h2><b>Case Study:1\u00a0<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Established in 2001, A.J Construction company in Mumbai had made a big name for itself in the industry in a short span of time. The company got a contract for constructing roadways in Malaysia. The company decided to send a consignment of equipment and machinery to Malaysia via water.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Transportation by waterways had its own risks and hence A.J Constructions decided to purchase a marine insurance policy to avert any risks or losses which prevailed in water transport. All the construction material was properly inspected before the journey.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">During the journey, the ship carrying the construction material of A.J Constructions came close to another ship, loaded with its own cargo. The captain of both the ships left the helm of the ship unattended and the ships crashed into each other.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Both parties <\/span><span style=\"font-weight: 400;\">filed the <a href=\"https:\/\/securenow.in\/insuropedia\/how-to-file-a-claim-under-marine-insurance\/\">claim under marine insurance<\/a><\/span><span style=\"font-weight: 400;\">. Luckily the owners of both the cargo had a marine <a href=\"https:\/\/securenow.in\/marine-insurance\/cargo-insurance\">cargo insurance policy<\/a> with a \u2018both to blame\u2019 collision clause.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Here the total loss was Rs 20 lakhs. Both the insurers carefully reviewed the claim form along with the other policy documents and agreed to divide the claim amount equally based on the \u2018both to blame collision clause\u2019 in their marine insurance policy. Divided the total claim of Rs 20 lakhs between both the insurers as 10 lakhs each.<\/span><\/p>\n<h2><b>Case Study: 2<\/b><\/h2>\n<p><span style=\"font-weight: 400;\">Consider the same ship carrying the cargo of construction material of A.J Constructions to Malaysia. But now there was no collusion between any ships. Upon the delivery of the cargo in Malaysia, found it damaged. In such a situation, it will be important to ascertain whether the damage comes under a Marine insurance policy or construction all-risk policy.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">Even after the investigation, found out the damage took place during the transportation by waterways, the \u2018both to blame\u2019 clause may not apply here as there was no collision between two ships.<\/span><\/p>\n<p><b>Additional Read:<\/b> <span style=\"text-decoration: underline;\"><a href=\"https:\/\/securenow.in\/insuropedia\/understand-duty-insured-marine-insurance-policy\/\"><span style=\"font-weight: 400;\">Understand Your Duties as Insured Under a Marine Insurance Policy<\/span><\/a><\/span><\/p>\n<h4><b>About The Author<\/b><\/h4>\n<p><strong>Simran<\/strong><\/p>\n<p><strong>MBA Insurance and Risk<\/strong><\/p>\n<p><span style=\"font-weight: 400;\">With extensive experience in the insurance industry, Simran is a seasoned writer specializing in articles on marine insurance for SecureNow. Drawing from 5 years of expertise in the field, she possesses a comprehensive understanding of the complexities and nuances of marine insurance policies. Her articles offer valuable insights into various aspects of marine insurance, including cargo protection, hull insurance, and liability coverage for marine-related risks. Renowned for their insightful analysis and informative content, Simran is committed to providing readers with actionable information that helps them navigate the intricacies of marine insurance with confidence.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>&#8216;Both-to-blame&#8217; Collision clause in Marine Insurance In an event of a collision, the company\u2019s liabilities and risks are covered by the ocean marine insurance policy purchased by the company. A marine insurance policy provides protection against losses for ships. Such policies also cover the shipping industry in the event of damage to the ship\u2019s hull [&hellip;]<\/p>\n","protected":false},"author":5,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"om_disable_all_campaigns":false,"_lmt_disableupdate":"no","_lmt_disable":"no","_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[313,4],"tags":[159],"class_list":["post-1462","post","type-post","status-publish","format-standard","hentry","category-product-features-marine-insurance","category-marine-insurance","tag-marine-insurance-policy"],"acf":[],"modified_by":"SecureNow","_links":{"self":[{"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/posts\/1462","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/comments?post=1462"}],"version-history":[{"count":22,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/posts\/1462\/revisions"}],"predecessor-version":[{"id":35240,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/posts\/1462\/revisions\/35240"}],"wp:attachment":[{"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/media?parent=1462"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/categories?post=1462"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/securenow.in\/insuropedia\/wp-json\/wp\/v2\/tags?post=1462"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}