Reconsidering Uberrimae Fidei for Marine Insurance Policies

It is time for the Fifth Circuit to harmonize its application of uberrimae fidei with the rest of the nation and retract its ruling that the doctrine is "entrenched no more," says Kenneth G. Engerrand, President of Brown Sims, P.C. in its Houston office and an Adjunct Professor of Law at the University of Houston Law Center.

March 14, 2021 at 07:00 PM

6 minute read

Kenneth G. Engerrand

Judges have long struggled to determine what contracts are maritime. However, once an agreement has been held to be a maritime contract, the courts have generally applied principles of maritime law to the contractual dispute, "protecting the uniformity of federal maritime law." Norfolk Southern Ry. v. James N. Kirby Pty. Ltd., 543 U.S. 14, 29 (2004). The primary exception to the uniformity rule for maritime contracts is marine insurance.