Thursday’s Post 1.26.12 - Those U.S. travelers involved in the Costa Concordia Cruise Ship tragedy may not find any financial relief in their own U.S. Court System or the Ship’s Liability Insurance Policy. This is the fear of many of the U.S. Citizens and families of the victims on-board the doomed ship. Since the Passenger Travel Tickets were purchased through an Italian owned Cruise Company, any law suits sought would need to be filed and heard in an Italian court or european legal system. This is not the first time a foreign cruise line has had an accident in european waters with U.S. Citizens aboard. It’s also not the first time there has been attempts to challenge the ticketing contract clause of a non U.S. Cruise Line which prohibits American citizens to initiate litigation in the United States Court System against a foreign Cruise Line or it’s liability insurance policy.
In a previous case; a U.S. Appeals Court found against an american claimant stating her physical, financial and liability insurance policy limitations did not supersede the contract she engaged in while traveling on board the non U.S. vessel. The Florida-based Carnival Cruise Lines (who owns the Costa Concordia) will not face any liability in American courts, as the fatal accident happened while in Italy. The survivors and the families of those whom perished in the Costa Concordia disaster will be limited to seek relief through non-domestic means. These means would include, filing legal action in a foreign court and seeking monetary relief through the liability insurance policy maintained by Carnival Cruise Lines.
-Mike
Michael E. Dortch
President & Managing Agent
InsureDirect.com
Corporate Home Office
618 South Broad Street
Lansdale, Pennsylvania 19446
(800) 807-0762 ext. 602
