Barratry Clause

Barratry clause – a clause which provides that there can be no recovery on the policy in case of any willful misconduct on the part of the master or crew in pursuance of some unlawful or fraudulent purpose without the consent of the owner and to the prejudice of owner’s interest. It requires an intentional and willful act in its commission. No honest error or judgment or mere negligence, unless criminally gross, can be barratry. (Roque v. IAC, G.R. No. L-­‐ 66935, Nov. 11, 1985)