Both to Blame Clause Samples

The "Both to Blame" clause determines how liability is shared when two or more parties are jointly responsible for a loss or damage, typically in the context of shipping or insurance. In practice, this clause stipulates that if both the carrier and another party (such as a vessel owner or third party) are at fault for an incident, the resulting damages or losses are apportioned between them according to their respective degrees of fault. This mechanism ensures that no single party bears the entire burden of liability when multiple parties contribute to a loss, promoting fairness and clarity in the allocation of risk.
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Both to Blame. If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, mariner, pilot, or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier against all loss or liability to the other or noncarrying ship or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her owners to the Owner of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying ship or Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge of any ships or objects other than, or in addition to, the colliding ships or object are at fault in respect of a collision or contact.
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Both to Blame. 14.1 If any Vessel owned or operated by SFC comes into collision with another ship as a result of the negligence of the other ship and any act, neglect, or default of the Master, mariner, pilot or the servants of SFC in the navigation or in the management of the Vessel, each Shipper will indemnify SFC against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of each Shipper of the said Cargo, paid or payable by the other or non- carrying ship or her owners to each Shipper of the said Cargo, and set off, recouped or recovered by the other or non-carrying ship to her owners as part of their claim against the carrying Vessel or SFC. The foregoing provision shall apply where the owners, operators, or those in charge of any ship, or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.
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Both to Blame. To the extent not inconsistent with U.S. law, the following shall apply: (A) If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect, or default of the Master, mariner, pilot, or servants in the navigation or in the management of the Vessel, the Charterer shall indemnify Owner, or where Owner is not the owner/charterer of the Vessel, shall indemnify Owner as agent or trustee for the Owner, against all loss or liability to the other or non-carrying ship or her owners insofar as such loss or liability represents loss of or damage to, or any claims whatsoever of the Charterer, paid or payable by the other or non-carrying ship or her owners to the Charterer and/or owners of the cargo and set off, recouped, or recovered by the other or non-carrying ship or her owners as part of their claim against the Vessel or Owner. (B) The foregoing provisions shall also apply where the owners/operators or those in charge of any ship or ships or objects other than, or in addition to the colliding ships or object are at fault in respect of a collision or contact, stranding, or other accident.
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Both to Blame. If Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of Master, mariner, pilot or the servants of the Carrier in the navigation or in the management of Vessel, the owners of the cargo carried hereunder shall indemnify the Carrier against all loss or liability to the other or non-carrying ship or its owners insofar as such loss or liability represents loss of or damage to or any claim whatsoever of the owners of said cargo, paid or payable by the other or recovered by the other or non-carrying ship or its owners as part of their claim against the carrying ship or Carrier. The foregoing provisions shall also apply where the owners, operators or those in charge of any ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact. The provisions in this subparagraph (iv) shall only apply if the Owner shall have exercised due diligence to make the Vessel seaworthy, and properly manned, equipped, and supplied, with the burden of proof in this regard resting solely on Owner.
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