Dresdner Bank AG and Ors v The M/V “Olympia Voyager” – US Court of Appeals (11th Circuit) (Dubina, Marcus and Cox Ct JJ) – 27 September 2006

Admiralty practice – Maritime lien – Vessel arrested by mortgagees – P&I Club asserting maritime lien for insurance – Whether lien extended to insurance provided subsequent to arrest - Whether lien limited to value of insurance invoiced prior to arrest

(2007) 708 LMLN 2(2)

The cruise ship Olympia Voyager was owned by Olympic World Cruises (“OWC”) and entered with Steamship Mutual Underwriting Association (Bermuda) Ltd (“the Club”) which provided P&I insurance to vessels owned by OWC including the Olympia Voyager. On 19 January 2004 the vessel was arrested by her mortgagee banks (“the Banks”) and was subsequently sold by court order. The Club intervened and asserted a maritime lien for unpaid insurance premiums. At the date of arrest, the Club had invoiced premiums totalling $61,186.15. However, OWC owed further premium amounts totalling $274,770.11 for pre-arrest insurance that had not yet been invoiced.

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Jan 10 2007

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