While this chapter addresses issues involving marine investigators in the United States, investigators working in other Western nations will find that their national laws are, if not alike, then effectively similar, particularly those of English speaking nations. Insurance contracts are also more alike than different throughout the world.

This is because marine insurance originated in England, spread to the U.S., and thence worldwide with only modifications rather than any major changes in principle taking place. In any event, readers from any nation will find that the U.S. legal rules outlined herein will provide a solid basis for ethical conduct just about anywhere. English, U.S., and Canadian law respecting Admiralty and insurance is remarkably similar.

The Federal courts have held, and repeatedly upheld, the precept that the intent of Article III, Section ii of the US Constitution was to establish a uniform set of rules and body of law governing conveyance over the navigable waters of the U.S.

At the time the Constitution was created, there was no such thing as pleasure craft or non commercial activities significantly involving navigable waters, so despite the fact that maritime activity was almost exclusively commercial activity, it later came to be recognized that other activities could and would infringe upon navigation. It is for this reason that the courts have been willing to extend Admiralty jurisdiction over just about anything that touches on navigation.

The problem that we have in this work is that the nature of our work can fall under the jurisdiction of any court; our work can be the subject of either general common law or Admiralty, and this includes issues involving marine insurance contracts.

And needless to say, the conclusions of a local or state court are apt to be quite different from those of a federal court functioning under Admiralty rules. However, where marine cases are initially filed is a matter of choice for the plaintiff, and one for the defendant as well since either has the right to claim maritime jurisdiction. If neither does, then the case will remain in the original lower court.

In this chapter we will consider the issues of marine insurance contracts and the laws that govern them, as well as the body of law that governs casualties and liability. These jurisdictions and bodies of law often overlap and come into conflict. Fortunately, that doesn't concern the investigator much since his role is not to sort it all out, but simply be conversant with how the various principles of law bear on our work.