The Federal Requirements for Vessels to Obtain Evidence of Financial Responsibility for Oil Spill Liability Under the Oil Pollution Act of 1990: Hearing Before the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Fourth Congress, Second Session, June 26, 1996
United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation
U.S. Government Printing Office, 1997 - 172 lappuses
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able action additional amount Answer appear assessments assets Association Bermuda cargo carry caused Certificate of Financial Chairman charter claimants claims Coast Guard COBLE COFR Committee compensation concern CONGRESS THE LIBRARY continue Convention corporation cost court cover coverage damage defenses direct effect established evidence excess federal financial responsibility financial responsibility requirements force Fund Fund Convention Group guarantees guarantor hearing implementation incident increased industry interest issue liability LIBRARY OF CONGRESS limit loss major marine Maritime measures meet MEIF million obtain Oil Pollution Act oil spill operators owners P&I clubs paid party pollution damage position potential premiums present proposal protection Protocols Question reason regard regime regulations reinsurance REPRESENTATIVES requirements respect RESS result risk rule securities self-insure Sheehan ship shipowners Shoreline statement Subcommittee tanker testimony Thank trade Transportation United vessel waters
167. lappuse - Agency is derived from the Comprehensive Environmental Response, Compensation, and Liability Act of 1980...
47. lappuse - Pollution damage" means: (a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; (b) the costs of preventive measures and further loss or damage caused by preventive measures.
47. lappuse - A person liable shall not be entitled to limit his liability if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or recklessly and with knowledge that such loss would probably result.
47. lappuse - Pollution damage" means loss or damage caused outside the ship carrying oil by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge may occur, and includes the costs of preventive measures and further loss or damage caused by preventive measures. 7. "Preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimize pollution damage.
93. lappuse - No liability for pollution damage shall attach to the owner if he proves that the damage : a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character...
133. lappuse - In order for a claim to be accepted by the IOPC Fund, it has to be proved that the claim is based on a real expense actually incurred, that there was a link between the expense and the incident and that the expense was made for reasonable purposes. The definition of pollution damage under the Civil Liability Convention and the Fund Convention is not entirely clear.
93. lappuse - ... a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character, or b) was wholly caused by an act or omission done with intent to cause damage by a third party, or c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
94. lappuse - Convention shall be extinguished unless an action is brought thereunder within three years from the date when the damage occurred. However, in no case shall an action be brought after six years from the date of the incident which caused the damage. Where this incident consists of a series of occurrences, the six years' period shall run from the date of the first such occurrence.
166. lappuse - States; or (2) any vessel using the waters of the exclusive economic zone to transship or lighter oil destined for a place subject to the jurisdiction of the United States...
133. lappuse - ... 6. Give a prompt, courteous and forthright explanation to each claimant as to the company's position with respect to his claim. 7. Conclude each claim, large or small, on the basis of its own merits, in the light of the facts, the law, and the coverage afforded. 8. Pay meritorious property damage claims promptly without requiring simultaneous settlement of bodily injury liability claims. 9. Investigate coverage questions expeditiously ; inform the insured and claimant of the companies...