You first!  Pay‑to-be-paid clauses upheld in marine liability insurance policies in UK: South African lessons

In November 2025 the UK Court of Appeal confirmed that a “pay-first” clause in a marine liability policy is valid when it accordingly prevents direct recovery by a third party from the insurer when the insured is unable to discharge its underlying liability.

Because the insured was insolvent, the court refused a direct claim by a third party under the UK Third Parties (Rights Against Insurers) Act 2010. The ruling matters for South African charterers, brokers and claimants because many local Read the rest

Justices to consider choice-of-law clauses in maritime insurance contracts

Justices to consider choice-of-law clauses in maritime insurance contracts

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Tuesday’s argument in Great Lakes Insurance v. Raiders Retreat Realty offers a breather between the divisive disputes about the CFPB and voting rights topping the headlines at the advent of the October Term 2023. Perhaps some of the justices will even enjoy a return to their law-school days, as they consider whether state or federal law should govern the enforceability of maritime choice-of-law clauses.

For the readers who decided to continue past my opening paragraph, Great Lakes Insurance falls … Read the rest