Legal Definitions - Inchmaree clause

The Inchmaree clause is a specialized provision found in marine insurance policies, particularly those covering the hull and machinery of a vessel. It expands the scope of coverage beyond traditional "perils of the sea" – such as storms, collisions, or grounding – to include losses or damages that arise from human error or mechanical failures.

Specifically, an Inchmaree clause protects shipowners against incidents caused by:

• The negligence of the ship's master, officers, crew, or pilots.
• Latent (hidden or undetectable) defects in the ship's machinery or hull.
• Breakage of shafts, bursting of boilers, or explosions on board.

Essentially, it ensures that risks stemming from operational mishaps, human mistakes, or inherent mechanical flaws are covered, rather than just those resulting from natural maritime hazards.

Examples:

• Example 1: Engineer's Error

  A large container ship is on a transatlantic voyage when its main engine suddenly seizes up, causing significant damage and requiring an emergency tow to the nearest port for repairs. An investigation reveals that a junior engineer, during a routine maintenance check, accidentally left a critical valve closed, leading to a lack of lubrication and subsequent engine failure.

  How it illustrates the term: This incident would be covered by an Inchmaree clause because the damage resulted from the negligence of a crew member (the junior engineer) rather than a natural peril like a storm or a collision. The clause specifically addresses losses arising from human operational errors.

• Example 2: Undetectable Manufacturing Flaw

  While a newly built oil tanker is undergoing sea trials, a hairline crack develops in a critical structural beam within the engine room. Expert analysis confirms that the crack originated from a microscopic impurity in the steel that was present during manufacturing but was impossible to detect with standard quality control methods at the time of construction. The beam needs to be replaced at considerable cost.

  How it illustrates the term: This scenario demonstrates the Inchmaree clause's coverage for "latent defects in machinery or hull." The damage isn't due to a storm or grounding, but rather an inherent, hidden flaw in the ship's construction that only manifested over time, a risk specifically addressed by this clause.

• Example 3: Pilot's Misjudgment

  A passenger ferry is navigating a narrow channel into port under the guidance of a local harbor pilot. Due to a miscalculation of the vessel's speed and the strong tidal currents, the pilot orders a maneuver that causes the ferry to scrape violently against a submerged rock, damaging its keel and requiring drydock repairs.

  How it illustrates the term: This incident would fall under an Inchmaree clause because the damage was caused by the negligence or error of the pilot, a human factor in the vessel's operation, rather than an act of nature or another traditional maritime peril. The clause ensures that such operational errors leading to damage are covered.