Decision ID: 001424

In February 2003 the 1992 Fund Executive Committee noted that four companies in the Group Total Fina Elf had commenced legal action in the Commercial Court in Rennes against the registered owner of the Erika (Tevere Shipping Co Ltd), the P&I insurer (Steamship Mutual), the manager of the ship (Panship Management & Services Srl), the certifying registry of the Erika (RINA SpA and Registro Italiano Navale), the limitation fund established under the 1992 Civil Liability Convention and the 1992 Fund. It was noted that the claim was for £93 million, allegedly admissible under the 1992 Fund Convention and for £2 million, which was not. It was further noted that as regards the action against the 1992 Fund, the Total Group of companies had requested a declaration that the claim was admissible for £93 million, but that the right to compensation would be exercised only if all the victims (including the French State and the public bodies) were compensated in full.

Date: 01.02.2003
Category: Legal actions
Subjects: Direct action against insurers, Legal actions against shipowners