Overview Areas of Practice Attorneys Representative Clients News and Events Resources Contact Us
 


Admiralty and Maritime

Aviation

Commercial Litigation

Construction

Insurance

Products Liability

Property and Casualty

Admiralty and Maritime


Maritime Personal Injury and Wrongful Death and Litigation
Houck Anderson P.A. is actively involved in every type of maritime personal injury and wrongful death defense including those involving multiple plaintiffs and catastrophic injuries. The firm's trial lawyers have experience defending claims brought by crew members and maritime workers or their personal representatives under the Jones Act, General Maritime Law, Death on the High Seas Act, and the Longshoremen and Harbor Workers' Compensation Act.  Representation of clients in personal injury and wrongful death matters includes the defense of marine product manufacturers and suppliers, ranging from pleasure craft manufacturers to marine safety equipment and rigging manufacturers.

Maritime Contracts and Commercial Documents
Our attorneys have worked with yacht charter companies, steamship companies and maritime businesses to draft a wide variety of maritime contracts and commercial documents. We have assisted in the preparation of voyage charters, time charters and demise or "bareboat" charters, and participated in arbitration of charter party claims.

We have drafted bills of lading, towing agreements, salvage agreements and marine transportation agreements, as well as marine service contracts of all types. We have assisted vessel owners in the preparation of yacht and ship construction contracts, as well as contracts for repair of yachts and ships. We have also helped marinas and boatyards by drafting docking contracts and storage agreements.

Hull and Machinery Claims
Hull and machinery insurers in the London and domestic markets have called upon Houck Anderson P.A. to investigate, evaluate, adjust and litigate their hull and machinery claims. When requested by underwriters, we have also assisted and supervised in the drafting of repair specifications, coordinated the advertisement and evaluation and awarding of repair bids, drafting and negotiated repair contracts, as well as administering periodic progress payments to repairs as repair work progressed.

Frequently, following the successful completion of repairs, we then have prepared and prosecuted a subrogation recovery action on behalf of underwriters against the parties responsible for the hull and machinery damage. We provide Hull & Machinery insurers with a full service approach to dealing with claims.

Marine Casualty Investigations
Our attorneys bring their varied maritime and seagoing experience to bear on representation of ship owners and steamship companies in Coast Guard marine casualty investigations, IMO and NTSB investigations, and other regulatory and administrative matters before the U.S. Coast Guard. We regularly defend pilots, deck officers and engineers in the U.S. Coast Guard License Suspension and Revocation Proceedings. We have assisted vessel owners and operators in documentation problems and matters dealing with Certificates of Inspection and other marine inspection regulatory issues. We have also been involved in representing clients with regard to applications for Regulated Navigation Areas, representation with regard to navigation hazards and obstruction to navigation, dealt with issues involving wreck marking and removal, aids to navigation damage claims and U.S. Coast Guard navigability determinations.

We have experience in administrative procedures and regulations regarding claims against the United States, including the U. S. Coast Guard, under the Federal Tort in Claims Act, Suits in Admiralty Act, Public Vessels Act, Military Claims Act and other administrative claims statutes. We also represent a variety of clients including industry associations in litigation with regard to the constitutionality and interpretation of various state and local boating regulations and ordinances.

Crew Claims
Because Houck Anderson P.A. has represented ship and yacht owners in crew claims for many years, we have developed a thorough understanding of crew claims in the United States. To assist our clients, we have developed a desk reference for crew claims adjusters, now in its Fourth Edition, outlining the law on issues involving crew claims in the United States.  Our attorneys investigate and defend Jones Act and unseaworthiness claims against vessel owners and operators, and we routinely defend, administer and adjust maintenance and cure claims for our clients.

Marine Insurance
Houck Anderson P.A. has a significant practice devoted to marine insurance matters. Marine insurance clients regularly ask the firm to investigate coverage issues and to provide legal opinions with respect to the availability of coverage for a particular loss. The firm's attorneys also have substantial experience litigating on behalf of underwriters' interests in declaratory judgment actions and coverage litigation in state and federal courts.

The firm responds to claims of insureds made to the Florida Department of Insurance and deals with regulatory matters before that department on behalf of insurers. Through years of working with London and domestic marine insurers, we have developed a thorough understanding of the nuances of marine insurance practice and policies.  We assist clients in drafting, reviewing and analyzing policy language for marine insurance policies of all types. We are also frequently called upon to assist our clients in adjusting and settling first party hull and machinery insurance claims.

Protection and Indemnity Claims
Houck Anderson P.A. has been appointed as legal correspondent for protection and indemnity clubs and associations from England, Scandinavia, and elsewhere in Europe and the world. We are appointed on a regular basis by major protection and indemnity insurers in the United States to represent and defend their members and insureds for a wide variety of claims and litigation. These matters involve collisions, groundings, vessel sinkings, wreck removal, environmental damage, crew and passenger claims, stowaways, oil spills and similar concerns.

Cargo Claims
Houck Anderson represents clients involved in claims for lost or damaged cargo of all types. From the destruction of a multi-million-dollar gantry crane during ocean transport to the loss of containerized cargoes, the firm's attorneys are adept at negotiating and litigating cargo claims, including claims for damage during loading and unloading and intermodal transportation. We have assisted clients in establishing their cargo claims handling procedures, drafting and evaluating bills of lading, dock receipts and space charters, as well as assisting cargo insurers in the drafting of cargo policy language. In addition to the defense of cargo claims, we provide cargo insurers with coverage opinions as well as represent cargo insurers in subrogation and recovery actions.

Marinas and Boatyards
Houck Anderson P.A. assists its clients who operate marinas and boatyards with their needs for drafting of dockage and storage agreements, dealing with issues involving ship repairer’s liability and products liability issues, as well as environmental compliance requirements. We also work with employee status issues such as application and scope of coverage under the Florida Worker's Compensation Act and the Longshore and Harbor Workers Compensation Act.

We represent marinas and boatyards in defense of claims for personal injury and wrongful death.

Preferred Ship Mortgages, Maritime Liens and Vessel Arrests
Houck Anderson, P.A. represents a number of clients in drafting, executing, filling and foreclosure of preferred ships mortgages and other maritime liens. We have in place the necessary arrangements to facilitate vessel arrests throughout the Southeastern United States and the Caribbean, including liaison relationships with local counsel and substitute custodians. We can also draft, execute, file and foreclose other types of maritime liens as well as defend vessel arrests and maritime lien foreclosure actions.

Limitation of Liability
A ship owner's right to petition for exoneration or limitation of liability remains a very powerful tool through which a ship owner cannot only seek to limit liability, but to also exercise some control and influence over the venue and timing of litigation. Although litigation involving the Ship Owners Liability of Liability Act has been described as archaic, arcane and esoteric, it continues to exist for a purpose.

Proper representation of ship owners in such proceedings requires a thorough understanding not only of the applicable law and procedural rules, but a mastery of the varied pleadings and complex factual issues, which arise in such proceedings. Moreover, inasmuch as such proceedings often follow in the aftermath of a major marine casualty, a thorough understanding of the factual and legal issues involved in complex litigation stemming from major collisions, groundings, fires, sinkings, wrongful death and significant personal injury are also required. Houck, Hamilton & Anderson attorneys have many years of experience in representing vessel owners and operators in such matters.

Maritime Commercial Litigation
The firm is actively involved in maritime commercial litigation, including ship repair and charter disputes (arbitration and litigation), maritime creditor/debtor rights involving maritime liens and ships' mortgages, bunker contamination claims, sales/use tax disputes and salvage claims.  

Recreational Marine
Our attorneys have a broad base of experience in the investigation, reconstruction and defense of recreational boating accidents and claims of all types. Our experience includes collisions, groundings, sinkings, fires, wake damage, bottom damage and heavy weather accidents. Whether the claim involves wrongful death, serious personal injury or significant property damage, our attorneys can respond quickly and, utilizing their own experience, as well as consulting experts, investigate and reconstruct recreational boating accidents in order to be able to provide a skillful defense of such claims. 

Defense of Diving, Watersports and Personal Watercraft Claims
Our firm defends vessel owners, operators, and manufacturers against a variety of claims involving recreational diving accidents, injuries and deaths, para-sailing, water skiing, personal watercraft accidents and other accidents arising from water based recreational activities. Our attorneys bring not only their personal experience in the various aspects of the water sport industry to bear on such cases, but we also have available a cadre of expert consultants with backgrounds in these areas to assist us in our investigation and defense of such claims. Houck Anderson P.A. has represented boat livery operators, diving companies, para-sailing companies, as well as vessel owners and insurers in the defense of watersports related accidents and injuries throughout Florida, the Southeastern United States and the Caribbean.

Marine Environmental Law
A solid and sophisticated background representing vessel owners and governmental interests in collisions, groundings and other major marine casualties has provided our attorneys with important knowledge and experience. Handling marine environmental legal issues such as oil spill prevention planning, clean-up and recovery operations, coral reef damage claims, sea grass and bottom damage claims and environmental damage assessments and evaluations are all within Houck Anderson's abilities. In addition to investigation and defense of claims asserted against our clients arising from environmental damage caused by marine casualties, our attorneys can also assist clients in response planning, environmental compliance planning and management, evaluation of their environmental compliance management systems, manuals and procedures, as well as in the drafting of such plans, procedures and manuals. Our attorneys also provide assistance to criminal defense attorneys in the defense of criminal prosecutions for violation of marine environmental statutes and regulations.

200 S. Biscayne Blvd., Suite 300, Miami, FL 33131 Phone:  305 372 9044 Fax: 305 372 5044
1500 Cordova Road, Suite 300, Fort Lauderdale, FL  33316  Phone:  954 522 0274  Fax:  954 463 8752         
 Email: info@houckanderson.com


Copyright © 2006 Houck Anderson P.A. All rights reserved.