TITLE	Supreme Court Decision 2011Da81190, 81206 Decided September 13, 2013 ¡¼Affirmation of Absence of Obligation ? Repayment of Administration Expenses, etc.¡½ [full Text]
Summary
[1] Whether the insurer¡¯s implied acceptance of abandonment under the Marine Insurance Act, 1906 (¡°the MIA¡±) should be proved by a preponderance of the evidence (affirmative), and whether the insurer or the insured¡¯s initiation of salvage work can be construed as acceptance or waiver of abandonment under the MIA¡¯s legal principle and customs (negative) [2] Meaning, elements, and scope of subrogation under the MIA [3] The court below¡¯s ruling affirmed that Gap insurance company¡¯s pursuing salvage work cannot be deemed as implied acceptance of abandonment under the MIA, where Gap and Eul incorporation formed an insurance contract applying the Institute Time Clauses - Hulls, 1983 (reflecting the MIA¡¯s legal principle and customs) as to Eul¡¯s vessel; the sinking of the vessel occurred; Gap rejected Eul¡¯s abandonment notice, paid for constructive total loss and was subrogated to Eul, and performed the vessel salvage work

Prev	Supreme Court en banc Decision 2012Da1146, 1153 Decided September 26, 2013¡¼Unjust Enrichment, etc.¡½
Next	Supreme Court Decision 2010Da95185 Decided September 12, 2013¡¼Ownership Right Transfer Registration, etc.¡½