We believe our client should expect the highest possible professional standards in handling their claim and response that both quick and efficient. Many claim cases on P&I matter such as claim cases on oil pollution, collision and wreck removal are complex and require careful handling. Our professional claim team have highest commitment in handling P&I Claim with full support from our global network as to ensure our clients that their claim is dealt with in the most effective, quick response and efficient.
The first notice of any incident should be made to P&I Club as promptly as practicable after occurrence. The sooner we are aware of the problem then the better equipped we are to ensure that appropriate resources are deployed with a view to ensuring the best possible outcome in each case.
In circumstances where urgent assistance is required, the Insured is welcome to contact us and or P&I Club claim assistance to the incident to request immediate assistance.
P&I Claim
Documentation
The following checklist provides a guide to the information that wherever possible should be provided when notifying us of any new incident. It is not intended to be an exhaustive list:
- Certificate of Entry Number
- Name of Ship
- IMO Number & Flag
- Identity of Insured, (i.e. the party named as the insured)
- Port or place of incident
- Date of incident
- Voyage details
- Incident details, (brief description of events giving rise to incident, nature of damage so far as known)
- Cargo type/damage.
- Name of colliding vessel.
- Berth name.
- Name of injured person(s). Pollution. Grounding position, etc)
- Contact details of notifying party: (office, out of office, e-mail, contact no)
- Organisation/people involved in the incident response)
- Name of local agent or representative:
- Action taken: (as much detail as possible in order to ensure that necessary steps can be taken to organize appropriate response)
P&I Appointing
Expert / Surveyor
Quite often, especially in cargo or property damage cases, a local surveyor will be appointed by the P&I correspondent to attend on board the vessel as quickly as possible. The surveyor will then be in a position to assess the situation and assist the master to deal with theimmediate problem. The feedback from the surveyor may well determine whether a specialist consultant, with more knowledge of the particular type of claim, should be commissioned to attend. In a serious incident, which is likely to involve a substantial potential claim, it may be appropriate for a lawyer to attend to collect the relevant evidence, perhaps take statements and possibly give early legal advice to the P&I club and the member.
In a similar way the other parties are also likely to be appointing their own surveyors andpossibly lawyers and specialist consultants.
The decisions as to who is instructed and how the immediate problem is dealt with willusually be made by the P&I claims handler at the club, in consultation with the member, after taking into account any advice or recommendations which may come from the local P&I correspondent, the surveyor, lawyer, consultant and of course the master.
Prompt notification to us or underwriter when an accident or suspected accident to a vessel has occurred, so that timely action can follow. If there is an assured’s option under the policy, notification will also be given by them to an average adjuster. In addition, it is customary for the master if possible to contact the nearest Lloyd’s agent or other agents nominated by hull insurers. It is of assistance to the master if a comprehensive worldwide list of hull insurers’ representatives is carried on board. Time is of the essence since insurers will normally wish to appoint surveyors to assist the vessel as well to issue preliminary survey report assessing the extent of damage. It should be noted that the Institute Hull Clauses include a penalty clause for failure to give notice of any loss or damage which may result in a claim. Failure to comply can result in a 15 per cent deduction from the claim settlement.
Immediate notification should also be given to the appropriate P & I Club as there may be third-party claims against the ship for collision damage or damage to cargo on board. If there is extensive damage necessitating the vessel to call at a port of refuge for urgent repairs prompt notification will give insurers the option, if they wish, to choose the port. Should an arranged tow (as against an emergency tow) take the ship into an alternative port, insurers will have to be promptly advised. Insurers may require their surveyor to approve any tug or towage arrangements.
The shipowner will wish to have his own marine engineer or superintendent attend the ship to enable decisions and arrangements to be made concerning the cargo, crew and other details, particularly if the ship is unable to continue the voyage. This will include average adjusters/legal advice should termination of voyage be contemplated.
H&M Claim
Documentation
There follows a list of the major documents which are required in support of a claim:
- Log book (deck and engine room) extracts;
- Master’s protest (if any);
- Survey report/s;
- Shipyard receipted accounts and vouchers;
- Any recoveries following collision;
- Policies;
- Class certificates.
H&M Appointing
Expert / Surveyor
Surveys are often held jointly between shipowner and insurer. At these joint surveys the owner’s representatives do not have to allege any possible cause of loss. This is considered by the owner and with the assistance of the adjuster/ broker is put to underwriter’s surveyor for subsequent agreement to establish the cause of loss/ insured peril. In most cases the Salvage Association will be introduced. Once the facts are established and decision have been made about repairs (and forwarding cargo, if transferred) average adjuster will advise how to protect owner’s interest for reimbursement of any expenses which be incurred and possible recoverable from parties other than hull insurers, such as cargo interests.
In due course the average adjustment will be produced, final claims submitted to insurers and other interested parties and the loss paid. Often in major repairs, interim payment may be requested from insurers. These are, on occasion, paid direct by insurers to repairers and may be progressive payments for expensive/ prolonged repairs.
In general average cases guarantees or deposits will be needed.
In certain hull policies owners are given liberty not to declare general average. This liberty is often exercised by liner companies who will carry cargo under a substantial number of bills of lading and do not wish to disturb their relationship with shippers or receivers. The hull insurers will then absorb a certain amount of the general average expenses.
