The Finer Points of Allegations

“Heavy Weather vs. Wastage and Corrosion”

Author:  Harry J. Ottaway

Published:  1994

Presented to the Association of Average Adjusters of the United States

The allegation under a hull policy can be a make-or-break proposition.

Harry Ottaway discusses some of the finer points, especially in the context of choosing between differing options.  Two common differing allegation options are “heavy weather” or “wear and tear” and Harry Ottaway provides a detailed examination of the issues, both on a logical level and on a historical level, and shows that the concept does not have to be complicated.  He also provides warning that there is too much messing around by underwriters, litigators and judges on a simple concept.

Unfortunately, Harry’s warnings were not heeded and since 1994 the concepts of heavy weather and wear and tear have been mangled even further by parties that made no effort to truly understand a time honored and reasonable concept.

To download the full paper click this link:  Heavy_Weather