The “Both-to-Blame Collision” clause is a provision commonly found in maritime insurance policies. This clause addresses situations where two vessels are involved in a collision, and both are found to be partially at fault for the incident. In such cases, the clause helps determine how the insurance liability will be shared between the parties involved.

Key points related to the Both-to-Blame Collision clause include:

1. **Shared Liability:**
– The clause acknowledges that both vessels share some degree of fault for the collision. It recognizes that the actions or negligence of both parties contributed to the accident.

2. **Insurance Apportionment:**
– The Both-to-Blame Collision clause outlines how the liability for the damages will be apportioned between the two parties. Typically, each party’s insurer is responsible for covering the damages incurred by their respective insured vessels.

3. **Proportional Liability:**
– The apportionment of liability is often based on a proportional or percentage basis, taking into account the degree of fault attributed to each vessel. This means that the insurance payout for damages may reflect the respective levels of responsibility.

4. **Avoidance of Disputes:**
– Including a Both-to-Blame Collision clause in insurance contracts helps avoid disputes and legal battles over liability. It provides a clear framework for determining responsibility and settling insurance claims.

5. **Legal Considerations:**
– The legal and regulatory environment may influence the application and interpretation of the Both-to-Blame Collision clause. Maritime laws and international conventions may impact how liability is determined and shared.

6. **Negotiation and Settlement:**
– Insurers representing the vessels involved may negotiate settlements based on the terms outlined in the Both-to-Blame Collision clause. The goal is to reach a fair resolution that reflects the shared responsibility for the collision.

It’s important to note that the application and specifics of the Both-to-Blame Collision clause may vary based on the terms of the insurance policy and applicable maritime laws. Additionally, the clause is not universally included in all marine insurance policies, and its presence will depend on the negotiations between the insured parties and the insurers.

The Both-to-Blame Collision clause is an example of how insurance contracts in the maritime industry address specific situations unique to the nature of maritime risks and accidents. It helps provide clarity and fairness in allocating liability when both vessels share blame for a collision.