High-Probability Rule Law and Legal Definition
High-probability rule refers to a legal principle permitting an insured to abandon a vessel. This rule is only applicable in marine insurance law. The right of abandonment does not depend upon the certainty, but upon the high probability of a total loss, either of the property, or voyage, or both. In Fireman's Fund Ins. Co. v. Globe Nav. Co., 236 F. 618 (9th Cir. Wash. 1916), the court held that the insured is to act, not upon certainties, but upon probabilities. The court also ruled that if the facts present a case of extreme hazard and if probable expense seems to exceed half the value of the ship, then the insured may abandon the vessel.
