The Congress abolished contributory negligence as a defense under the Jones act. Moreover, the Jones Act has made it a duty on the part of shipowner to exercise reasonable care. This excess insurance only gets reached when primary policy has been exhausted. This type of insurance is very much determined by the clear language of the policy, because most excess insurance is written on a following form that adds on to the first primary contract. Thus the excess insurance usually follows the form and exclusions of the primary policy.
Most excess insurance is written to exclude drop down coverage if primary insurer becomes insolvent.
The law states that the primary insurer owes a duty to the excess insurer to act in good faith, and to act as a prudent uninsured would. Piracy Robbery, kidnapping, or other criminal violence committed at sea. The unauthorized and illegal reproduction or distribution of materials protected by copywrite, patent, or trademark law. Marine insurance and indemnity insurance are insurance against, or against legal liability of the insured for the loss, damage, or expense arising out of, or incident to, the ownership of any vessel, or any instrumentality in use on water including liability of the insured for personal injury. Illness, death or loss of or damage to the property of another.