Direct Action

Direct Action in Maritime Law

Note: There is more information on maritime/admiralty law here.

The following is a definition of Direct Action, produced by Tetley, in the context of admiralty law: The right of a third party who has a liability claim against an insured to proceed directly by suit against the insurer, usually because the insured has been declared bankrupt or has become insolvent. In most jurisdictions, direct action is permitted only by statute. See, for example, the Québec Civil Code 1994, arts. 2500 to 2502 and 2628, and the United Kingdom’s Third Parties (Rights Against Insurers) Act 1930, 20 & 21 Geo. 5, c. 25. See Tetley, Int’l C. of L., 1994 at pp. 362-381; Tetley, Int’l. M. & A. L., 2003 at pp. 617-619. See also Gregory Fossion, “An eternal triangle at sea: Loss of insurance cover under a direct action in marine liability insurance”, Masters of Laws thesis, published in (2003) Jura Falconis, no. 2 of the Katholieke Universiteit Leuven, Belgium.

Direito Marítimo e Direito do Mar- A website of Portuguese maritime law and legislation, with many links to other maritime law sites, maintained by the Instituto Politécnico in Beja, Portugal. Website: https://www.estig/ipbeja.pt/~ac_direito/dmar.html.

Meaning of Direct Action

Resources

See Also