Both to Blame Clause

Under a contract of affreightment cargo is normally carried at the risk of the cargo owner who insures it. Where a collision between two ships damages the cargo, and both ships are to blame, the cargo owner will sue the third party ship owners who, by the law of some countries, can then recover part of the cargo claim from the carrier in whose ship it was carried. The Both to Blame Collision Clause in the contract of affreightment allows the ship-owner in these circumstances to obtain reimbursement from the cargo owner. The Both to Blame Collision Clause in a marine cargo policy indemnifies the cargo owner for such a payment.

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