46 U.S.C. § 53906: Hull insurance valuation

Summary

The Secretary of Transportation must set a stated value for hull insurance when a ship is lost. That value cannot include defense features the U.S. paid for. It also cannot be higher than what the Government would have to pay if it had requisitioned the ship under chapter 563 when the policy took effect. The insured has 60 days after the policy starts or after the Secretary sets the value (whichever is later) to reject that value and pay premiums based on a different value they name. That named value does not bind the Government later. If the insured does not reject the Secretary’s value, any claim for total loss cannot be higher than that value. If the insured rejected it, they get a tentative payment of 75 percent of the stated value and may sue the United States to recover the full amount a court finds would be just compensation under chapter 563 when the policy began. If a court sets a different amount, premiums are adjusted using that court value and the policy’s rates.

Title 46, §53906

Shipping, Source: USLM XML via OLRC

(a)Stated Valuation.—

The valuation in a hull insurance policy for actual or constructive total loss of the insured vessel shall be a stated valuation determined by the Secretary of Transportation. The stated valuation—

(1)shall exclude national defense features paid for by the United States Government; and

(2)may not exceed the amount that would be payable if the ownership of the vessel had been requisitioned under chapter 563 of this title at the time the insurance attached under the policy.

(b)Rejecting Stated Valuation.—

Within 60 days after the insurance attaches under a policy referred to in subsection (a) or within 60 days after the Secretary determines the valuation, whichever is later, the insured may reject the valuation and pay, at the rate provided in the policy, premiums based on the asserted valuation the insured specifies at the time of rejection. However, the asserted valuation is not binding on the Government in any subsequent action on the policy.

(c)Amount of Claim.—

If a vessel is actually or constructively totally lost and the insured under a policy referred to in subsection (a) has not rejected the stated valuation determined by the Secretary, the amount of a claim adjusted, compromised, settled, adjudged, or paid may not exceed the stated valuation. However, if the insured has rejected the valuation, the insured—

(1)shall be paid, as a tentative advance only, 75 percent of the stated valuation; and

(2)may bring a civil action against the United States in a court having jurisdiction of the claim to recover a valuation equal to the just compensation the court determines would have been payable if the ownership of the vessel had been requisitioned under chapter 563 of this title at the time the insurance attached under the policy.

(d)Adjusting Premiums.—

If a court makes a determination as provided under subsection (c)(2), premiums paid under the policy shall be adjusted based on the court’s determination and the rates provided for in the policy.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5390646 App.:1289(a)(2).June 29, 1936, ch. 858, title XII, § 1209(a)(2), as added Sept. 7, 1950, ch. 906, 64 Stat. 775; Aug. 3, 1956, ch. 929, § 1, 70 Stat. 984; Pub. L. 88–478, § 1, Aug. 22, 1964, 78 Stat. 587. In subsection (c), the words “Provided, That in the event of an election by the insured to reject the stated valuation fixed by the Secretary and to sue in the courts, the amount of the judgment will be payable without regard to the limitations contained in section 1242–1 of this Appendix, although the excess of any amounts advanced on account of just compensation over the amount of the court judgment will be required to be refunded” are omitted as obsolete because the section referred to, which was from the Department of Commerce and Related Agencies Appropriation Act, 1959 (Pub. L. 85–469, 72 Stat. 231), has been omitted from the United States Code as obsolete.

§53906 Hull Insurance Valuation

Summary

Title 46, §53906

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata