ILLEGALITY, ARMED GUARDS, AND MARINE INSURANCE

Abstract

This article analyzes 1) the law of marine insurance and 2) the doctrine of illegal contracts. Its purpose is to extrapolate the principles applicable to marine policies governed by English law in the context of armed security providers. It argues that, though the law of illegality is relevant for ship owners when they decide to hire armed guards, it should not overly concern them because illegality would prejudice recovery only in extreme instances.

The article presents three hypothetical cases to draw out the relevant principles. Two of them consider possession and use of lethal weapons. The third concerns the degree of control that a security provider can have vis-à-vis the master if an incident occurs.